Funds Will Provide Child With Specialist Lifelong Care He Requires
A 12 year old boy, who suffered a serious brain damage shortly after his birth causing cerebral palsy, has received a multi-million pound settlement which will provide him with the specialist care he needs for the rest of his life.
The boy became hypoglycaemic in the hours following his birth at Queen’s Hospital, Romford.
The boy, who cannot be named for legal reasons tragically suffered irreversible brain damage and has severe learning disabilities, motor problems visual impairment and cannot communicate. He requires round the clock care and is fed through a tube. He requires physiotherapy, occupational therapy, speech and language therapy, adapted accommodation, aids and equipment and an adapted vehicle. His life expectancy is significantly reduced.
Following the incident, the boy’s parents, instructed expert medical negligence lawyers at Irwin Mitchell to investigate his care under Barking, Havering and Redbridge University Hospitals NHS Trust, which runs Queen’s Hospital.
The family’s legal team argued that the boy’s injuries were caused by midwifery staff failing to recognise that he was suffering from hypoglycaemia and take effective action to reverse this.
The hospital trust has never admitted liability but in 2017 an agreement was reached between the parties for the defendant trust to pay 75 per cent of the full value of the claim. Following a further period to investigate the boy’s needs, a settlement was reached during negotiations between the parties which is worth approximately £11 million over the boy’s lifetime. The settlement is broken down into a £3 million lump sum plus annual tax free periodical payments to pay for care in the sum of £200,000 per annum until 2024 and then £237,500 each year thereafter for the rest of his life.
Irwin Mitchell’s Court of Protection team is managing the funds on the boy’s behalf to ensure that they last for the rest of his life and provide the necessary care, rehabilitation and therapies he needs for the rest of his life alongside specialist equipment to help him live as independently as possible. Because of his injuries he will never be able to work.
Expert Opinion“While we are pleased with the outcome of the High Court hearing, no amount of money can ever make up for the severe and lifelong injuries the boy has suffered.
“Like in many cases where a person suffers a brain injury as a child, our client has had to wait many years for doctors to fully establish the true extent of his injuries and for settlement to be reached. This settlement has been carefully calculated to provide for his care needs for the rest of his life and will result in improved quality of life for both the boy and his family." Auriana Griffiths - Partner
The boy’s parents said: “While the last few years have been extremely hard for us we try to lead as normal a life as possible and do the things any family would enjoy.
“While nothing can make up for what has happened, we are relieved that our son will now have guaranteed payments to help cover the cost of his care for however long he lives. This gives us great peace of mind.”
The settlement was approved by Mrs Justice Thornton at the High Court on Monday, 18 March.
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