Expert Lawyers Secure Lifetime Care Package After Boy Suffers Injury During Birth

The devoted family of a 13-year-old boy who suffered brain damage as a result of errors made by medical staff during his birth have spoken of their ‘huge relief’ after lawyers secured their son a lifetime care and rehabilitation package approved at the Birmingham High Court yesterday (13^th April).

Daniel Spencer has severe athetoid cerebral palsy which affects all four limbs and is completely dependent on others to help live his life after medical staff failed to respond when his mother suffered a rupture in the placenta during labour causing his brain to become starved of oxygen.

If staff had appropriately monitored his heart rate during labour the decision should have been made for an assisted delivery and avoided the damage to his brain. Instead, Daniel has been left unable to walk, has severely limited mobility, learning difficulties and needs 24-hour care.

His father Oliver Spencer, who lives in Malvern, in Worcestershire instructed expert medical negligence lawyers at Irwin Mitchell in a battle to gain the life-long support and specialist rehabilitation services Daniel now needs.  

Worcestershire Acute Hospitals NHS Trust admitted liability for 75% of the full value of the claims in 2013 allowing Irwin Mitchell to negotiate a fair settlement for Daniel which was approved yesterday by a Judge at the High Court in Birmingham.

The £6.5 million settlement will cover all the specialist care, accommodation, equipment and rehabilitation needs Daniel will continue to have for the rest of his life and will be managed by Irwin Mitchell’s specialist Court of Protection team to ensure it lasts for his lifetime.

Expert Opinion

“It’s a huge relief for Daniel’s family that the NHS Trust which was responsible for the injuries during his birth has now agreed a fair settlement to cover his extensive care and therapy needs both now and for the rest of his life.

“Daniel was in a poor condition when he was born and shortly after he was diagnosed with cerebral palsy. He is now wheelchair dependent and has limited movement in his hands. He is unable to speak and needs to use specialist equipment to help him communicate with those around him.

“We are pleased that we have secured this settlement for Daniel and his family; they now have the financial security and reassurance that the costs for his future treatment and medical equipment will be met.

“The extent and complexity of the problems faced by Daniel mean the funding which has been secured will ensure he can access 24-hour care, and rehabilitation and therapy services that will prove invaluable throughout his day-to-day life.”
Sara Burns - Partner

Commenting after the hearing, Daniel’s father Oliver said: “Daniel is a wonderful boy and he continues to amaze us with the progress he has made over the years and now with the help from our legal team at Irwin Mitchell he has received a settlement which will provide invaluable assistance for him as he grows up.

“We will be able to use the funding to provide vital care and rehabilitation for Dan for the rest of his life. He uses specialist equipment and therapies to help him on a daily basis, which can be very expensive.

“We were devastated when we found out that Daniel’s condition could have been avoided had mistakes not been made during his birth.

“It’s a huge relief knowing that the settlement will provide for a secure future for Daniel and that his specialist care needs will be met for the rest of his life. While we will always help out where we can, he needs the support of experts in the field who can help him to achieve as independent a life as possible.”