Eight-figure settlement for child born with cerebral palsy
Our Medical Negligence team secured a substantial eight-figure settlement for the family of a child born with cerebral palsy.
What happened to Kyle*?
*Not real name used
At birth, Kyle experienced asphyxiation, and on delivery, he was in poor health. He had meconium aspiration when born. He was floppy, not breathing, had no reflex irritability, and required immediate resuscitation.
Kyle was intubated, ventilated, and transferred to a neonatal intensive care unit for therapeutic cooling.
After this period of cooling, it was confirmed that Kyle had brain damage that was consistent with prolonged partial hypoxic-ischaemic injury.
How will this impact Kyle’s life?
Kyle has unilateral cerebral palsy, epilepsy, visual impairments, and significant developmental and behavioural difficulties. He is non-verbal and has learning disabilities.
He will require lifelong care and need assistive technology and equipment in the family home.
How did Irwin Mitchell help Kyle and his family?
Kyle’s parents came to Irwin Mitchell with concerns about the care provided at birth and the lifelong impact of his injuries.
Kate Major, a Senior Associate in our Medical Negligence team, worked with Kyle’s parents to bring a claim against the NHS Trust.
The first step of Kate’s investigation was to obtain Kyle and his mother’s medical records. She then instructed medicolegal experts to review whether their care was negligent.
Our team also instructed an expert Midwife, Paediatric Neurologist, Neuroradiologist, and Obstetrician.
All the experts supported that the treatment received by Kyle and his mother was negligent and caused his brain injury.
Kate prepared a Letter of Claim for the NHS Trust. In this, we set out our allegations against the Trust.
The Trust admitted liability. They accepted that there had been a negligent delay in transferring the mother to the delivery suite. This delay caused Kyle’s brain injury.
Settling Kyle’s claim for a significant eight-figure amount
After liability was admitted, Kate worked to settle Kyle’s claim for an amount that reflected his injuries and lifetime needs.
She instructed experts from various fields to help consider the costs of Kyle’s needs. We considered:
- Accommodation
- Assistive technology
- Care and case management
- Physiotherapy
- Speech and language therapy
- Occupational therapy
- Education psychology
- Neuropsychology
- Orthopaedics
- Ophthalmology
- Court of Protection
- Paediatric neurology.
Kate was able to agree on a substantial eight-figure lump sum payment, including annual periodical payments for care and case management.
The money will help Kyle’s family relocate to a suitable home and pay for the assistive equipment he needs. They will also be able to pay for essential therapy and make sure he can access educational support.
Expert opinion
On Kyle’s claim, Kate said:
“Sadly, the delayed treatment Kyle’s mother experienced has resulted in Kyle needing lifelong care and support.
“The compensation he and his family have received fairly reflects this, meaning he will be able to reach his full potential and enjoy a fulfilling life with his family.”
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