Eight figure sum awarded to child who developed cerebral palsy following a delay in her delivery and following the death of her mother following childbirth.
What happened?
Jason’s* daughter Amelia* was subjected to oxygen starvation (hypoxia) due to a delay in her delivery. The result was that Amelia sustained a severe brain injury, and her mother died soon after giving birth.
Jason contacted our birth injury claims team while Amelia was still in NICU; he was scared and confused about the future.
How has this affected Ameilia?
Amelia has sustained the most severe brain injury, leaving her immobile and wheelchair dependent. She relies on PEG tube feeding, has cerebral visual impairment (CVI), is non-verbal, and doubly incontinent. Amelia needs 24-hour care.
How did Irwin Mitchell help?
We assembled a team of experts to review the care Amelia’s mother received during her labour and Amelia’s delivery. Experts we engaged to review the level of medical care included an:
- Obstetrician
- Neonatologist
- Neuroradiologist
- Midwifery expert
- Paediatric Neurologist.
They reviewed the medical records and advised whether the care was substandard. On review, the experts advised our legal team that the care was substandard.
With this evidence of medical negligence, we notified the Trust, which responded by denying liability for the inadequate care. Because of this, we initiated court proceedings.
We arranged a joint settlement meeting to explore whether a settlement on liability could be reached. This resulted in a compromise, with the Trust agreeing to pay 75% of the value of the costs of meeting Amelia’s long-term needs.
We secured interim payments throughout the claim, which helped Jason to fund care and therapies for Amelia, and help them to move to rental accommodation so that they had the space required for a Care team, therapists and equipment to support Amelia.
Our lawyers then brought in further experts to advise on the nature of Amelia’s medical care and accommodation needs. During the process of the assessment, we also supported an EHCP Tribunal Appeal, which secured a placement for Jason’s preferred specialist school for Amelia.
A seven-figure settlement
Our team successfully negotiated an eight-figure settlement approved by a High Court judge. This included periodical payments to meet the costs of Amelia’s needs for the rest of her life.
The lump sum will mean Jason can buy and adapt a long-term home suitable for a wheelchair user and can accommodate a care team. The costs of a care team will also be met throughout Amelia’s lifetime.
Expert quote
Jason’s claim was handled by Anne Kavanagh, a partner in our medical negligence team. Speaking of Jason’s claim, she said “This was a tragic case, but the Claimant's family were inspirational in the way that they cared for her every day, despite multiple challenges. I am so happy for them that we were able to achieve a good settlement which will provide Amelia with the care and therapies she needs to live her life to her full potential.”
Jason was delighted with the result of his claim and has since commented: “The knowledge, the expertise and the know-how Mrs Anne Kavanagh displayed is second to none. Anne was very helpful and supportive throughout during these difficult moments and I cannot say thank you enough to her and her team for battling with us till the end. I will recommend her without hesitation.”
*Clients’ names have been changed
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