Child with severe cerebral palsy is awarded substantial damages.
23 April 2009
Clinical negligence partner Olive Lewin has recently settled a case on behalf of one of our clients who suffered severe brain damage and dystonic tetraplegic cerebral palsy as a result of the negligent medical care his mother received during her labour at a London NHS hospital.
Our client’s mother developed pre-eclampsia during the final days of her pregnancy and was admitted on the morning of 4th April 1991, 18 days past her due date for an induced labour.
Although our client was monitored by CTG throughout the labour, regular monitoring wasn’t provided and it was not noticed that his heart rate had dropped to dangerously low levels.
Our client’s mother was noted to be fully dilated; however our client was not delivered for a further 25 minutes.
Our client was severely asphyxiated at birth and had to be intubated and artificially respirated. He started to have convulsions approximately six hours after his birth and suffered from episodes of apnoea, where he was unable to breath.
Sadly, our client is unable to walk, sit or stand unaided and has severe bulbar palsy, which means that he is unable to suck, chew or coordinate swallowing. Furthermore, our client has no meaningful use of speech, yet has an insight into his condition which can make him feel frustrated and depressed at times. He will require full time care for the rest of his life.
The case has settled for substantial damages which will be awarded by way of a lump sum of £2.35 million, and £247,500 p.a. in periodical payments.
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