A six year old girl who has
cerebral palsy as a result of a delay in her delivery will receive a lump sum of over £1 million and the rest of the £2.8 million will be in
periodic payments.
Birth Injury
Liability for the
birth injury was admitted by the health authority several years ago but clinical experts advised that the amount of compensation she would need could not be assessed until she was in her 7th year. At this stage, experts can more accurately assess a child’s cognitive function and can predict what level of help she will need for the rest of her life and what she may be able to enjoy in the future.
Interim payments
Although the level of
compensation has only just been agreed, the health authority have made an
interim payments during the running of the case which allowed the girl’s family to provide for her day to day care, and to aid her buy a suitable house and have it adapted for her disabilities.
Periodic payments
The use of compensation paid periodically helps to ensure that the damages rise in part to cover the cost of care. All the annual payments are index-linked so they keep in line with the rate of inflation but they are also stepped so as to increase as the child matures and moves into more independent living. The use of
periodic payments means that a person with disabilities receives much less money at the date of settlement but that the annual payments are secure for the rest of their life, however long that might be.
The girl was represented by
Frances Swaine, clinical negligence solicitor and partner at Leigh Day & Co. For more information please call 020 7650 1287.
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