Former clients of
Leigh Day & Co often keep in touch with the firm after their cases have settled. Clinical negligence expert
Russell Levy has heard from
Gill Middleton many times since he successfully settled a claim for her on behalf of her son
Aaron and herself in 1993. Russell was really delighted when a story about Gill’s life, 'Someone to make me smile again' was published recently in Woman magazine.
Aaron Middleton was born on 29th December 1980 at Lewisham Hospital with considerable physical and mental disability including microcephaly, cerebral palsy and consequent severe learning difficulties, epilepsy, squint and visual impairment, a dislocated left hip and scoliosis (twisting) of the spine. Aaron was the first-born of twins, his brother Anthony was stillborn.
Gill had gone into labour at 38 weeks on Christmas Day 1980, but doctors decided to delay the labour for 4 days by using a drug called ritodrine. They also gave dexamethasone which was meant to improve the twins’ lung function. However, administration of these drugs was completely unnecessary and sadly the delay meant that the twins were starved of oxygen and that Aaron, the surviving twin, suffered catastrophic brain injury.
Russell Levy acted for Gill in her claim on Aaron's behalf against the health authority. When Aaron was 13 the authority at last admitted liability. Damages for Mrs Middleton’s own pain and suffering and distress were agreed but initially the authority were not prepared to pay an adequate sum for Aaron. Eventually, they increased their offer significantly and on the first day of the trial they agreed to pay £750,000 for Aaron's accommodation and some of his other needs. They also agreed, for the first time in any Court case, that Gill could come back to Court to obtain extra damages to pay for education, care and therapy up until Aaron’s 19th birthday if any part of his local authority funding was withdrawn.
Although Aaron spent his life in a wheelchair and was unable to talk or even sit up, he recognised his mother and sister and enjoyed listening to classical music and swimming. Gill, whose marriage broke down when Aaron was only 2 and his sister, Melanie 6 months old, devoted herself to ensuring that Aaron had the best possible quality of life. In a fund raising letter sent out in her name by the Royal School for the Blind charity SeeAbility, she said “…there was so much more to Aaron than his disability. He loved classical music, especially Vivaldi, had a devilish sense of humour, and was always able to smile, no matter how much pain he was in…” Sadly, Aaron’s condition deteriorated and in 2001 at the age of 20 he died.
Since Aaron's death Gill's life has changed. She went back to college and has a new career. Gill has also been able to devote much more attention to her daughter Melanie who she feels missed out as she was growing up because of Aaron's needs. She has met a new partner, Max, and in 2005 celebrated the birth of another daughter, Isobel.
Russell Levy said:
“Like so many of our clients, Gill Middleton suffered the most immense personal tragedy. Despite that, she has been amazingly cheerful throughout the 20 years I have known her. Her story is incredibly heart-warming and reaffirming. It can only bring hope to the many thousands of parents who, out of the blue, have their lives turned upside down by an inexplicable medical accident.”
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