Multi-million-pound settlement after birth mismanagement caused brain injury
Our medical negligence team helped our client, Mary*, claim a substantial multi-million-pound settlement after her son’s birth was mismanaged, resulting in a permanent brain injury with wide-ranging consequences.
*Real name not used
What happened to Mary’s son?
Sadly, there were avoidable hospital Trust failures in the management of the delivery of Mary’s son.
The failures in care resulted in him sustaining an avoidable brain injury at birth, which caused permanent neuro-developmental difficulties, including autism and epilepsy.
As a result of his permanent neurological injuries, Mary’s son requires life-long care, assistance and rehabilitation.
How did Irwin Mitchell help?
Our team were instructed by Mary to see whether her son’s birth was mismanaged and caused his brain injury. Thomas Riis-Bristow, a Senior Associate Solicitor in our medical negligence team, managed the claim for Mary.
Thomas started by instructing an independent medical expert to review the care received by Mary during labour. The expert’s findings showed that delays in delivery resulted in Mary’s son sustaining a brain injury.
The Trust responsible for Mary’s son’s care argued that his difficulties were associated with an underlying genetic cause, as opposed to any delays in his delivery. To prove there was no genetic cause for the brain injury, we obtained independent genetic testing evidence. This showed this was not the case.
We brought a claim against the Trust responsible for the birth. The Trust accepted liability, and a settlement meeting was set to avoid the need to go to trial.
Shortly before the trial, a settlement amount was reached. We agreed on a lump sum compensation, combined with yearly payments for care and case management for the remainder of the child’s life.
In total, the value of the compensation was a substantial, multi-million-pound amount.
How will the compensation help our client?
The compensation will help Mary pay for the care, medical treatment, and rehabilitative therapies her son needs for the rest of his life.
With the lump sum payment, Mary will be able to purchase a suitable home and make all the adaptations required for her son.
As well as the compensation for her son, Mary received a lump sum to reflect the care she has already provided.
Expert opinion
On Mary’s claim, Thomas said:
“When Mary came to Irwin Mitchell, she was understandably struggling to make sense of a complex medical situation, alongside coming to terms with caring for her child with neurological injuries. She felt that there were errors in her medical care at the time of delivery that may have caused her son’s injuries.
“The legal investigation and subsequent litigation took a long time to conclude due to a combination of the complex nature of the claim and due to liability being denied for a number of years.
“We worked closely with Mary and her son to ensure that liability was resolved as soon as possible and that significant interim damages were secured for her son’s immediate rehabilitation needs whilst the case was ongoing.
“The subsequent final settlement achieved for Mary and her son will now provide security for the rest of their lives and I am pleased to have been able to achieve this outcome for them.
"Following settlement, Mary is now in the process of securing a permanent, specially adapted home suitable to her son’s needs and they will be able to access all the specialist rehabilitation and care he now needs.
“Throughout the case, Mary has been supported by me, our Support and Rehabilitation Coordinators and our Court of Protection team.
"Following settlement, Mary now moves on to work with our Court of Protection team, who manage her son’s damages to ensure he receives focused support and maximised benefit from his damages for the rest of his life.
“The outcomes achieved in this case and the ongoing support Irwin Mitchell will provide to the family is a key example of the breadth of services we provide. Ultimately, this illustrates our core principles to remain with our clients every step of the way.”
Mary's feedback
On Trustpilot, Mary said:
“I have been with Irwin Mitchell fighting a negligence case for my son for 12 years. It’s been a difficult and incredibly lengthy journey, but Irwin Mitchell has supported me 100% every step of the way.
“Over the years, I’ve had many solicitors involved in my case due to how long it has taken. However, I want to give a truly special thank you to Thomas Riis-Bristow. When he took over my case around three years ago, I was frustrated, exhausted, and losing confidence after so many changes in representation. Thomas reassured me from the beginning—he promised he would see my case through to the end, and he stayed true to his word.
“He completely turned my case around. Soon after he took over, things finally began to progress. Although the process was still slow and very challenging, Tom was consistently supportive, kind, compassionate, and reassuring. He also made sure I fully understood every stage and was aware of any potential issues that might arise. He is extremely meticulous.
“With Tom, it never felt like he was 'just' my solicitor—we built a genuine rapport.
“Now that my case has finally settled, Tom continues to be incredibly supportive. He still checks in to make sure I’m doing okay and that I fully understand the next steps and how everything works post-settlement, which I am extremely grateful for. He truly goes above and beyond, and I’m confident that I would not have achieved the same outcome without him.
“I cannot thank Tom and Irwin Mitchell enough for their dedication and support throughout this long journey. I will always be forever grateful to Tom.”
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