£7.3m birth injury compensation for 10-year-old girl with cerebral palsy

Having previously secured a 90% liability settlement for a young girl known as “JJJ” who suffered serious neurological injury during her pre-term delivery at St Richard’s Hospital, Chichester in 2012, Moore Barlow have recovered compensation for her injuries and disability needs which will amount to an award of over £7.3m over her anticipated lifetime.

The funds consist of a £3m lump sum which will be sufficient to enable appropriate housing to be purchased and adapted to accommodate JJJ’s disability needs, along with other capital expenditure that will be required on items such as equipment, transport and therapies. In addition, JJJ will receive annual, index-linked, “periodic payments” for her lifetime which will be sufficient to cover her life-long complex care and case management needs.

JJJ’s compensation will enable a professional care regime to be put in place to cater for her needs and for her family to enjoy as normal a life as is possible.

JJJ is sadly at the more severe end of the spectrum of disabilities that are seen as a result of negligent management at delivery. She has cerebral palsy with whole body involvement, microcephaly, severe global developmental delay, epilepsy, and is fed via a gastrostomy. She will always need 24 hour care and has a restricted life expectancy.

On liability, it was accepted that there was a period of non-negligent ‘chronic partial hypoxia’ due to a developing placental abruption prior to JJJ’s delivery which could not have been avoided – the main liability question was whether there should have been an earlier delivery which would have avoided JJJ’s severe injuries. The issue of liability was vigorously defended before a 90% liability settlement was agreed and judgment entered against the Hospital in June 2020.

Interim compensation of £650,000 was paid to enable JJJ to benefit from this before her definitive award was agreed and then approved by the Court in July 2022.

Having advised JJJ and her family since they first sought advice about a potential claim, I’m delighted that we have been able to secure this compensation for JJJ following her 90% liability settlement. It will provide her with financial security for the rest of her life, being sufficient to provide appropriate accommodation and to cover the high level of care that she will always need. JJJ’s family have fought to provide her with as normal a life as is possible, and this award will enable them to do just that.

Paul Kingsley, senior associate at Moore Barlow

We are extremely happy with the settlement that has been obtained for JJJ and we are very grateful for the way in which Paul and his team have worked for JJJ – firstly to establish liability and then to secure this settlement which means that JJJ can have the best life possible. She will now have the care she needs for the rest of her life and opportunities to do the things she enjoys in a home which will be adapted for her needs. As a family, we have felt very relaxed and happy with Paul’s management of our daughter’s claim.

JJJ’s mother

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