Our client received a lump sum of £4.5 million pounds (inclusive of state benefits) as well as substantial payments for life for the brain injury she suffered at around the time of her birth in 2013. There was a negligent delay in her delivery with the result that she was born in a poor condition requiring intensive resuscitation. It was initially thought that she would not survive and she was discharged for palliative care. However, thankfully, she continued to show signs of life and was eventually discharged from hospital to her family home.
Our client suffers from mild cerebral palsy, developmental delay affecting language and communication, behavioural issues, hearing loss and a poor sleep pattern. The case was complicated by the fact that she has an underlying genetic condition unrelated to her brain injury. Although the Defendant admitted breach of duty for the delay in her delivery and accepted that this caused her brain damage, there were arguments about how her genetic condition would have affected her life expectancy, and that this was also the cause of her hearing loss. There was also an argument from the Defendant that our client’s care needs should be met by a residential placement or live-in care as opposed to directly employed care.
On quantification, expert evidence was required from a paediatric neurologist, a geneticist, an expert in audiovestibular medicine, a neuropsychologist, an education psychologist, an expert in care and OT, a physiotherapist, a speech and language therapist, an expert in orthotics (jointly instructed), an assistive technologist, an accommodation expert and an expert in court of protection and deputyship.
A settlement meeting took place in March this year but the parties could not reach agreement. Negotiations took place and the case eventually settled in May. An approval hearing was held in June.
The settlement reached will allow our client to rely on directly employed care, as well as case management for life. It will allow her to purchase suitable accommodation, necessary aids and equipment and a suitable vehicle and obtain all necessary support including therapies and management of her finances by deputies.
Dr Mala Sidebottom, Amie Ketteridge-Lowe and Catherine Veness handled this case at Moore Barlow. Michael Horne KC, from Serjeants’ Inn Chambers, was instructed.
Dr Sidebottom said “My client’s case was complicated by her genetic condition. This settlement will provide this determined and happy girl with the support and assistance that she needs so that she can fully enjoy her life and take part in the activities that she loves. It will also allow her parents, who have supported their daughter since her birth, to rely on professional care so that they can also adequately support their other children and enjoy their own lives.”
