High Court Approves Funds For Child Diagnosed With Cerebral Palsy

A girl who suffered a brain injury following failings in childbirth will receive £8.2 million to provide her with the specialist care and therapies she needs for the rest of her life.

The girl, who can only be referred to as ABC, was injured following a delay in treatment of her mother’s diabetes in pregnancy by staff at King George Hospital, in Goodmayes, Essex, in 2002.

As a result of her injuries the child was diagnosed with cerebral palsy.

Her family instructed expert medical negligence lawyers at Irwin Mitchell to help the girl access the specialist care, therapies and support she requires.

Following a series of expert assessments and negotiations, Barking, Havering and Redbridge, University Hospitals NHS Trust, which runs King George, agreed a settlement totalling £8.2 million.

The settlement has been approved by Mr Geoffrey Tattersall QC sitting in the High Court.

Irwin Mitchell’s Court of Protection team is managing the funds on the girl’s behalf to ensure that they last for the rest of her life.

Anne Kavanagh specialist medical negligence lawyer at Irwin Mitchell represented the family.

Expert Opinion

“This is a tragic case because the injury suffered by my client was avoidable, if her mother had received appropriate care during her pregnancy, labour and delivery.

“The settlement marks the end of a very long process for both ABC and her mother. The settlement reached and approved will ensure that ABC receives appropriate care and support for the rest of her life.

“It is now important that the Hospital Trust learns lessons from this case to improve patient care.” Anne Kavanagh - Partner

Find out more about Irwin Mitchell's expertise in handling medical negligence cases 

ABC has relatively mild physical disabilities but she has significant learning disabilities which will affect her throughout her life.

The money will fund treatments such as physiotherapy and accommodation, allowing her to live as independently as possible in the future. It will also compensate for the fact that the girl is unlikely to be able to work during her lifetime.

ABC’s mother said: “I have such a mixture of emotions.  My daughter’s injury was avoidable and would not have happened if I had received competent care during my pregnancy.

“There is sadness and I’m not sure I will ever get over the resentment I feel about that but there is also relief that because of this settlement, she will have some financial security and I have the security of knowing that she will be properly looked after throughout her life.”

The girl will receive a lump sum of £4.1 million as well as annual payments. The total capitalised value of the settlement over her lifetime will be £8.2m.

Barking, Havering and Redbridge, University Hospitals NHS Trust had previously admitted liability.

The settlement was approved in the High Court on January 24.