Case study: multi-million-pound settlement for boy diagnosed with severe cerebral palsy

Our medical negligence solicitors helped a family claim compensation after their child (C) was diagnosed with level 5 cerebral palsy as a baby, following a difficult delivery.

Background

Difficult delivery in hospital

C’s mother suffered a premature rupture of her membranes and developed chorioamnionitis (an infection of the placenta and amniotic fluid) at 29 weeks’ gestation. She attended a large South West hospital but unfortunately, there was a negligent delay in diagnosing the infection of the fetal membranes and consequently, a delay in delivering C by emergency caesarean section.

As a consequence of these delays, C tragically developed brain damage, namely PVL (periventricular leukomalacia), resulting in cerebral palsy.

Cerebral palsy injuries

Sadly, C was affected with cerebral palsy affecting all four limbs, resulting in a severe physical handicap affecting all his activities of daily living. He developed severe learning difficulties, epilepsy and severe visual impairment.

C has a gastrostomy (a tube placed into the stomach) for all nutrition, fluids and medication, and is totally dependent on his parents for all his needs.

C’s claim for cerebral palsy

Our specialist medical negligence solicitors investigated C’s claim thoroughly and were able to negotiate an early settlement of the liability issues in his claim. We then instructed a wide range of experts to help us fully assess C’s long-term needs. These included specially adapted accommodation, a bespoke care package, specialist equipment and therapy needs.

We obtained a substantial interim payment of damages for C at an early stage to help meet his immediate needs, pending settlement of the claim. This meant that C could move to more appropriate accommodation, purchase necessary equipment and put in place appropriate care support.

Our clinical negligence solicitors assisted C’s family in appointing a Case Manager to oversee his rehabilitation needs and assist with the administrative burden of his multi-disciplinary support package comprising a team of carers and therapists. We also assisted C’s family to appoint a professional Deputy through our Court of Protection team to appropriately invest and manage the life-changing financial compensation he was due.

We used the independent expert evidence we gathered, together with key witness evidence from C’s family and case manager, to fully value C’s claim for damages based on his long-term needs. The Hospital’s Lawyers in C’s case argued that he should be able to manage with significantly less care than was claimed. However, we were eventually able to negotiate a final settlement, allowing sufficient compensation to put in place the care package that our client’s family and our experts felt he needed.

C has received a substantial lump sum to meet his short-term requirements and will receive payments to cover his care package for the rest of his life.

Although the work of our specialist medical negligence team is now almost complete, our Court of Protection solicitors will continue to act for C to assist in the management of his finances. The Barcan+Kirby team look forward to being involved in C’s life in the long term and seeing first-hand the difference that compensation has made to his life.

Investigate a cerebral palsy claim today

If you or a loved one have been diagnosed with cerebral palsy due to an injury at birth, we are here to help. Our medical negligence solicitors work with clients all over the UK from our central Bristol office.

For a confidential, no-obligation discussion about a potential cerebral palsy claim with a member of our team, call us on 0117 325 2929 or complete our online enquiry form.