We helped Lorraine* bring forward a claim on behalf of her grandson, Chris*, after he received negligent neonatal care. We helped the family claim a substantial settlement that’ll help fund all of Chris’s care needs and pay for more suitable housing.
What happened to Chris?
Chris was born prematurely and spent some time in the special care baby unit. When he was discharged home, he had a feeding tube but soon afterwards he moved onto feeding normally.
However, even though he was a happy baby, he didn’t meet his developmental milestones and gradually a diagnosis of cerebral palsy was made.
Chris was also found to be deaf and had a cochlear implant fitted to help with his hearing. His family were told that he was doing well.
Lorraine had been caring for Chris for several years, and she was concerned about the neonatal care he received.
When he turned 14, Lorraine took Chris to a hospital appointment where one doctor mentioned Chris probably had kernicterus, a form of cerebral palsy which would explain his bilateral sensorineural hearing loss.
When Lorraine and the family asked what that meant, they realised that when he was in special care, he had jaundice which wasn’t treated quickly enough and that caused Chris’s brain damage.
How did Irwin Mitchell help Chris?
Lorraine came to our medical negligence team to claim compensation to help fund the support Chris needed. Anne Kavanagh, a Partner in our medical negligence team, assisted Lorraine and Chris with their claim.
We presented Chris’s claim to the NHS Trust responsible for his neonatal care. After they admitted liability, we applied to the courts to enter judgment. A professional deputy was appointed, and interim payments were agreed to help with Chris’s immediate needs.
We appointed a case manager to support Chris and his family while the claim was ongoing. Various specialists also helped the case manager identify what support Chris could benefit from. We instructed specialists in:
- Speech and language
- Physiotherapy
- Accommodation
- Assistive technology
- Occupational therapy
- Deputyship.
The case manager also helped Chris’s family get a specialist carer to assist with his care. They also arranged for the family to move into adapted rental accommodation that better suited his needs, allowing him to access all areas in his wheelchair.
Experts also advised on the specialist equipment to enable Chris to engage in video-gaming with his siblings through adapted controls.
We settled Chris’s claim with the NHS Trust agreeing to a substantial eight-figure lump sum settlement and annual payments to fund his care needs for life. This was approved by a High Court judge just a month before the trial was due to start.
The compensation allows Chris’s family to purchase a house that’s suitable for his needs, as well as pay for the care, equipment, and private therapies throughout his life.
Expert opinion
On Chris’s claim, Anne said: “This was a complex case because the scans carried out when Chris was a baby weren’t conclusive. But because of the quality of expert evidence, we were able to assemble, our Letter of Claim to the Trust resulted in a full admission of liability.
“It has been a privilege to work with Chris’s family to reach this settlement on his behalf which will ensure that he has security for the rest of his life.”
Client’s feedback
On the work our team did for Chris, Lorraine said: “When I first contacted Irwin Mitchell, after reading many reviews, I was put in touch with a lovely lady solicitor, who came to visit me within a week and knew instantly that there was indeed a valid claim.
“Although the case took many years to be settled, it was very complex, it was for my grandson who was a child when I started the claim and an adult when it was finalised.
“I will say that the solicitor always kept me informed and was never too busy to talk to me or explain the next steps. I was never made to feel like a nuisance; we spoke many times.
“The solicitor was always very calm, friendly and reassuring. I am still in contact with Irwin Mitchell as my grandson has a deputy to manage his compensation, which is very agreeable as they will make certain he has enough funds to ensure he will be taken care of for the rest of his life.”
*Not real names used.
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