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Cerebral palsy case wins £4.575 million

A young man with cerebral palsy caused by the negligent management of his birth has been awarded £4.75 million. He was represented by specialist clinical negligence solicitor Sally Jean Nicholes.

A young man with cerebral palsy

12 October 2004

A young man with cerebral palsy, which was caused by the negligent management of his mother’s labour and his birth at the Whittington Hospital in London, has been awarded £4.75 million.

When his mother was admitted to hospital in labour, the staff failed to recognise or act upon signs that her baby needed to be delivered straight away and they allowed the labour to continue. The baby was delivered a few hours later, but by then he had suffered severe brain damage due to lack of oxygen to the brain.

As a result of the hospital’s negligence, he  has severe, permanent, physical disabilities; he has no independent mobility and his speech is not intelligible to strangers (severe dysarthria). He will be dependant throughout his life on other people for all activities of daily living. He has full insight into the nature and extent of his disabilities.

However, despite his severe physical disabilities, he has done well at school and now attends a further education college. He is able to make good use of technological equipment for communication and to increase his independence.

When the hospital were first approached with the details of the claim, they denied liability. Alleging that the claim would not be successful, they made a “without prejudice” offer of settlement, firstly of £1m and then £1.5m. Both these offers were rejected as too low and Court proceedings commenced.

In December 2003, the Defendant admitted liability. An interim payment of damages was ordered to be paid so that our client could start to obtain the specialist equipment and other help he needed. After exchange of expert evidence, the hospital offered £4m to settle the claim. Further negotiations produced an increased offer of £4.575m. The offer was accepted and approved by the Court as an appropriate amount to compensate him and meet his future special needs. It is intended that the damages will be held in a private Trust.

Specialist clinical negligence solicitor, Sally Jean Nicholes, represented the family.

If you need more information or legal advice, please contact our clinical negligence department on 020 7650 1200.

Information was correct at time of publishing. See terms and conditions for further details.

Information was correct at time of publishing. See terms and conditions for further details.

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