Medical negligence lawyers secure landmark settlement for boy left with severe brain injury

Specialist medical negligence lawyers at Irwin Mitchell have secured a landmark settlement for a boy left with severe brain damage after being starved of oxygen during surgery as a baby.

The settlement, which has been approved by the High Court, is believed to be the highest of its type ever.

Severe brain injury leaves boy needing lifelong care and support

The boy suffered a severe brain injury following anaesthetic failure during an operation to treat a bowel condition when he was just weeks old. He was starved of oxygen. The health board responsible for his care admitted liability. 

The boy has severe learning difficulties, epilepsy, sight and communication problems and difficulties with mobility. He also has complex bowel and feeding needs. 

His injuries and complex needs mean he will never be able to live independently and requires lifelong support. 

Medical negligence settlement to fund lifelong care, rehabilitation and specialist therapies

His mum instructed Irwin Mitchell to investigate his care and help secure access to the specialist support, therapies and rehabilitation he requires. 

Following detailed investigations, Sara Burns, the specialist medical negligence lawyer at Irwin Mitchell representing the family, secured the settlement.

As part of the case, Irwin Mitchell has also helped the family secure funding towards meeting the boy’s needs while the claim was ongoing. This has included enabling the purchase of a specially adapted home where he can live with his mum and receive support from his care team. 

The settlement will help ensure the boy has the care and support he needs throughout his life. This will include two carers around the clock and nursing support, as well as physiotherapy, occupational therapy and speech and language therapy. It will also help meet the costs of specialist educational and dietary support, equipment and technology, transport and living in a home adapted to meet his needs

Sara Burns: Settlement will provide lifelong care and support

Sara said after the hearing: 

“Sadly, through our work we too often see the devastating consequences that brain injuries can have on families.

 

“Coming to terms with what happened and how the disabilities will affect him for the rest of his life has been incredibly difficult for my client’s family.

 

“This is a tragic case in which there are no winners. While my client has received truly remarkable care and support from his family, this settlement - which has been carefully calculated and approved by the High Court - means he can now receive the lifetime care and support he requires because of his complex needs.

 

“Obviously the family would rather not be in this position but we hope that today offers them some closure and allows them to now focus on the future without uncertainty.” 

Mum’s relief as son’s lifelong care needs are secured

In a statement, the boy’s mum said: 

“Despite everything that’s happened my son is the most adorable person. He shows great bravery each day and tries not to be defined by his condition.

 

“While the last few years have been extremely hard for us all as a family, we try to lead as normal a life as possible and try and do the things any family would enjoy, but that’s difficult.

 

“Nothing can make up for what has happened but I’m relieved that my boy is now guaranteed to receive the lifetime of care that he so desperately needs. It gives me the peace of mind that funds are available to help provide for his additional needs.

 

“I just hope that no other family has to go through the suffering we’ve been through.”