Boy’s Family Had Instructed Medical Negligence Specialists At Irwin Mitchell To Act On His Behalf

A young boy from Redcar, Cleveland, who suffered a catastrophic brain injury after his birth that led him to develop cerebral palsy, has had a settlement approved at the High Court today.

Oscar McGill who was born 5th August 2010 at James Cook University Hospital in Middlesbrough, which is run by South Tees Hospitals NHS Foundation Trust, is now fully dependent on his parents, Kirstie and David, for 24-hour care.

Oscar was already in a poor condition when he was born but unfortunately, there were further delays in resuscitating him and although he was born at 9.02pm, he was not successfully intubated for another three hours when the ENT specialist arrived.  

During this period, there were several attempts by medical staff to insert a tube to help him breathe and had to be treated with face mask ventilation instead.  He suffered brain damage due to the deprivation of oxygen.

Oscar’s parents instructed specialist medical negligence lawyers at Irwin Mitchell to seek a settlement to provide for his future lifetime care needs. Prior to Court proceedings being commenced, the legal team attended mediation with the legal representatives from South Tees Hospitals NHS Foundation Trust and a settlement has been reached.  The Trust have accepted a majority liability decision in Oscar’s favour.

Angela Kirtley, the medical negligence specialist at Irwin Mitchell representing Oscar and his family, said: 

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“I am very pleased that after a number of years, we have achieved settlement of Oscar’s claim which will pave the way for him to receive a monetary settlement in the future. This will provide much needed funds to help with Oscar ‘s care for the rest of his life.

“Although it will still be a while before the monetary settlement is finally agreed, the Defendant Trust has helpfully agreed to make an interim payment which has enabled Oscar’s parents to put in place therapy and additional support which he really needs.

“I will now work with Oscar’s parents and the Defendant solicitors to ensure that Oscar receives all of the support he needs now and in the future.” Angela Kirtley - Partner

Due to the Oscar’s complex health needs, the settlement will ensure he receives the specialist help and equipment he needs as he grows older.

Speaking after the hearing Kirstie, said: “We are delighted to have reached this milestone in our battle for justice for Oscar. Raising him has been a huge struggle from the very beginning due to his very specific needs.

“We really want to make life as normal as possible for Oscar and the interim payment our legal team at Irwin Mitchell have secured will allow us to do that until final settlement is reached.

“Not many people truly have an idea of what you go through as the parent of a disabled child. It is hard seeing your child suffer like Oscar does when he experiences his seizures, or when he needs a tracheostomy to assist with his breathing.

“Hopefully this win marks a turning point in our legal battle and the moments in which Oscar is suffering will become less frequent.”

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