Zach's Story | Irwin Mitchell

Our client Zach – A young boy with cerebral palsy who changed the law

“If I can do this at 11, imagine what else can I do?”

A difficult start

Following a problem-free pregnancy, Zach was born full term, but it was clear straight away that something was wrong.

“I still remember it as if it was yesterday,” says his mum, Claire. “The day you bring a child into the world, you plan it, you lay awake thinking about it, you dream about it. It’s meant to be perfect, but sadly for Zach and me, it was a nightmare.”

Zach was pale and floppy and needed resuscitating. Problems with intubating him meant it took around 10 minutes to ventilate him so he could breathe properly. Zach was transferred to the neonatal intensive care unit and ventilated for two days while his family waited, hoping he’d make it through.

Zach sustained a brain injury following his ordeal and was diagnosed with cerebral palsy at three years old. The condition means Zach has difficulty with his mobility and cognitive development. He also lives with epilepsy.

Zach’s legal claim

Following his diagnosis, Zach was referred to us by Action Against Medical Accidents (AvMA) to investigate the care he received when he was born.

The hospital never accepted liability, but after a settlement meeting the parties reached a compromise. As a result, our team were able to secure interim payments that meant Zach could see a speech and language therapist, occupational therapist, and physiotherapist. The payments also covered the cost of much-needed equipment to help his education and daily living.

Claire says, “Zach is brave, he is brilliant, and he believes anything is possible. The team of experts that he has around him makes a massive difference to how he feels and what he can do.”

We later secured a settlement that gives Zach access to the lifetime specialist treatment and therapies he needs. The family has now moved into a bungalow in their village, which is being adapted so Zach can live as independently as possible.

Claire says, “It’s really nice living in a house where I know that he’s safe and we can just enjoy living together.”

Our medical negligence partner, Rachelle Mahapatra, who continues to support Zach, said, “He’s one of the bravest young men I’ve had the privilege of getting to know. He continues to astound me time and time again. He’s shown such courage and determination over the years. He’s not only defied the odds when it comes to his disability, but he and Claire have also continued to push forward with their online bullying campaign. Zach should be immensely proud of what he’s achieved.

“If Zach hadn’t received a settlement, he wouldn’t get all the daily support which has helped him to walk further and improve his speech, and he can access the curriculum using technology, so he’s doing well at school.

“It makes me very happy to think that we’ve left our clients in a much better place than they were before.”

Zach’s campaign to change the law

In the summer of 2020, Zach walked 130 laps of his garden for his 2.6km Challenge, held in place of the London Marathon. He only started walking independently earlier that year, after leaving his frame at school during lockdown.

Claire shared a fundraising page with details of Zach’s challenge on Twitter, which the Epilepsy Society shared more widely. But the posts were targeted with flashing images by online trolls. They were attempting to cause seizures among the charity’s followers, including Zach. The Epilepsy Society reported the attack to the police, but no one seemed able to stop it.

Zach and Claire decided to take a stand. They led a campaign alongside the Epilepsy Society, pushing for new laws to stop online bullying and prevent similar attacks from harming people with epilepsy in the future.

Together, they’ve worked with social media platforms on preventing strobing images on the internet and attended the Conservative Party Conference to meet with MPs who sit on the joint committee for online harms.

In December 2022, Zach stayed up late to watch the moment his law was passed in Parliament. It was officially added to the statue books in September 2023 as part of the Online Safety Bill. Now, because of Zach’s Law, epilepsy trolling offences can incur a five-year prison sentence.

Claire says, “I’m so proud of Zach and his achievements. When we started our campaign, I’m not sure that either of us thought it would go this far. So, to know Zach’s Law is now an actual law is amazing. Zach was deeply upset at the online trolling and was determined to make it stop. He’s done that now and he’s over the moon about it. All Zach ever wants to do is help people, and that’s such a wonderful trait to have.”

As a result of his campaigning, Zach won the Outstanding Achievement Award at the 2022 Yorkshire Children of Courage Awards.

Looking to the future

Zach has just started secondary school, and he’s already receiving good reports.

He loves swimming and going on holiday, enjoying a trip to Disney World last year. He also loves food and has an adapted kitchen where he can cook.

He continues to grow in confidence. Before, he was anxious, but now he’s happy to appear on TV, give newspaper interviews, and even speak to politicians. He’s confident in his abilities and his disability at the same time. We’re sharing Zach’s story to help you to imagine what’s possible, so nothing feels impossible.

We continue to support Zach through our Court of Protection team and IM Asset Management. Zach receives tailored financial planning and investment advice to make sure his compensation will continue to give him financial security for the future.

If you’ve suffered from medical malpractice, we’re here for you. As the leading clinical and medical negligence firm in the UK, we can help. Our experienced and caring solicitors will take the time to understand what you’re going through, helping you get the answers and compensation you deserve.

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Zach’s Story

A difficult start

Zach’s legal claim

Zach’s campaign to change the law

Looking to the future

About Irwin Mitchell

Contact Us

Get a call back

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Zach’s Story

A difficult start

Zach’s legal claim

Zach’s campaign to change the law

Looking to the future

About Irwin Mitchell

Contact Us

Get a call back