Specialist Lawyers At Irwin Mitchell Help Family Secure Vital Funds

A young man left severely disabled following delays in treating a life-threatening brain condition has received a multi-million pound settlement which will fund the specialist lifetime care he requires.

Irwin Mitchell’s specialist Medical Negligence team was instructed by the loved ones of the man – who can only be referred to as ‘TUV’ for legal reasons – in 2012 when they suspected that his severe epilepsy and learning difficulties may be related to the MMR vaccine.

However, on reviewing his records, the legal experts revealed their belief that there had been a delay in the diagnosis and treatment of encephalitis – a condition where the brain becomes inflamed - at Watford General Hospital in 1997, when TUV was just 13 months old.

The lawyers went on to launch a legal case on behalf of the family against West Hertfordshire Hospital NHS Trust to help TUV, who developed severe epilepsy and learning difficulties, in order to access the specialist care and support he requires.

The Trust admitted there was an eight-hour delay in administering an appropriate dose of antibiotic and antiviral agent.  However, it argued that the delay would not have made any difference to TUV’s outcome.

Following legal discussions the Trust agreed a settlement totalling £6.2 million over his lifetime which has been approved today in the High Court.  

The money will allow the young man to buy a specially adapted home and help fund the specialist care and therapies he requires annually, allowing him to live as independently as possible.

Expert Opinion

“This is a truly devastating case in which a young man is facing a lifetime of care which we believe is linked to problems in treatment many years ago. Although liability was not formally admitted in this case, the Trust took a very pragmatic and constructive approach to the negotiations which led to this settlement, for which they deserve credit.

“We hope that the settlement, which has been approved by the High Court, means that his family and particularly his parents who have provided devoted care to him throughout his life, can look to the future knowing that he will have proper care and security when they are no longer there to look after him.” Anne Kavanagh - Partner

TUV’s parents added: “Coming to terms with the events that happened all those years ago has been incredibly difficult.

“All we have ever wanted is for our son to receive the care he needs because of his condition. We are relieved that this settlement now means that we will be able to  concentrate on the future and try and help him make the most of life.  

We are so proud of the bravery and determination he shows every day.”