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Seven figure settlement secured on behalf of child with cerebral palsy

A 12 year old girl with Cerebral Palsy has received a seven figure compensation payment following the delay in diagnosis and treatment shortly after her birth which led to her condition

4 October 2017

A 12 year old girl, who suffered permanent and severely debilitating brain damage as a result of the delay in diagnosis and treatment of neonatal complications shortly after her birth, has received a seven figure compensation payment to cover her care costs for the rest of her life.

Lawyers Suzanne White and Emma Kendall from the medical negligence team at Leigh Day represented the girl, known only as J following a Court Order to preserve anonymity, and secured the significant sum to meet the complex needs of their client and her family.

J suffered permanent and severely debilitating brain damage known as kernicterus and suffers with athetoid cerebral palsy which causes a severe motor disability. She has no voluntary head control and is unable to sit independently. She suffers from involuntary movements and is wheelchair dependent for mobility.

She has no verbal communication but with the help of specialist technology can communicate by means of facial expression and eye gaze. As a result of her physical disability, J requires round-the-clock care and daily therapies and will do for the rest of her life.

The team at Leigh Day secured an early admission of liability from the Defendant NHS Trust. However extensive medical evidence was required to establish J’s needs and quantify the claim; including evidence from neurologists, educational psychologists, occupational therapists, physiotherapists, assistive technology specialists, architects and professional trustees.

The compensation included a lump sum payment to meet her immediate needs and annual payments for care, therapies and case management for the rest of her life. J’s lump sum award was later ‘topped-up’ to reflect the recent change in the personal injury discount rate.

Suzanne White, the Partner in the medical negligence team at Leigh Day who conducted the case said: “We are extremely relieved that the Trust admitted liability which enabled us to establish our client’s needs and secure this payment which not only ensures that our clients care needs will be met for the rest of her life, but also that her family can feel secure in the knowledge that she will always be cared for.”

Emma Kendall, Solicitor in the medical negligence team at Leigh Day who assisted Suzanne White on J’s case added: “The needs of J as a result of her injury are some of the most complex seen by our medical experts. We are confident that the compensation obtained on her behalf will ensure that she can afford the very best care, therapies and equipment to enable her to live a fuller and more comfortable life.”

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