Our birth injury solicitors secured an £8.4 million settlement for our client, Jake*, aged 24. He was diagnosed with cerebral palsy after medical professionals failed to respond appropriately to abnormalities during his birth.
Jake’s story
Jake was delivered by an emergency c-section after an alleged failure to respond properly to abnormalities found on a CTG trace. He sustained a significant brain injury due to lack of oxygen during his birth. This developed into severe athetoid cerebral palsy.
Jake was tube-fed and immobile apart from athetoid movements. He was dependent on other people to help him with everyday activities.
Jake has learning difficulties but this hasn’t stopped him from mastering the use of Eye-Gaze. This enables him to communicate and it’s clear that he has a great sense of humour, exchanging cheeky texts and messages with his friends and family.
How did we help?
We began by investigating the circumstances of Jake’s birth. This was made complicated by how much time had gone by. Jake’s family first instructed us to begin proceedings when he was 16, so gathering evidence took time.
We instructed experts to advise on whether the care provided to Jake and his mother during labour was reasonable. The medical experts advised us that the care was substandard, and we were able to rely on this evidence in establishing fault.
We formally brought the claim against the hospital. Initially, they denied liability, so we issued court proceedings. The Trust continued to deny liability until shortly before the Trial.
An £8.4 million settlement
The Trust agreed to pay 65% of the total value of the claim we brought against them. There were then separate assessments to assess the extent of Jake’s disabilities and the costs of meeting his needs, currently and over his lifetime.
After negotiation with the Trust, we agreed on a final settlement which was approved by the Court in June 2023.
The final amount was a lump sum plus annual payments for life, totalling £8.495m. This money will pay for the care, therapies, equipment, and adapted accommodation Jake will need for the rest of his life.
Expert comment
Jake’s claim was managed by Anne Kavanagh. A Partner in the Medical Negligence team, one of Anne’s specialisms is representing children injured during pregnancy or childbirth.
Speaking of Jake’s case, she said: “The passage of time in this case added to the challenge of establishing exactly what happened at the time of Jake's birth. But it's been wonderful to reach a settlement to his claim which will mean that he receives the level of support he needs for the rest of his life. His parents also have the peace of mind of knowing that funds will be available to pay for care when they are no longer able to do so.”
*Client’s name has been changed to preserve anonymity.
Find out more about making a cerebral palsy claim.
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