Our clients pursued a wrongful birth claim following the Defendants’ failure to advise them that their child was likely to be born with significant disabilities, despite repeated parental concern and extensive investigations across two hospitals during the mother’s pregnancy.
The Claimants’ son, now aged 7, is profoundly disabled and will always need 24-hour care, adapted housing/transport, equipment and appropriate therapeutic support for the whole of his life.
The case history
The parents pursued a complaint which was initially rebuffed before seeking legal advice as to their position and the implications of their son’s disabilities. Legal proceedings were commenced and vigorously defended up to and beyond liability expert discussions, but we secured a 90% liability settlement in our clients’ favour shortly before trial was due to take place.
Challenges faced in this case
The claim surmounted a number of continuing legal uncertainties relating to the recoverability and assessment of damages for wrongful birth. It was compromised at a settlement meeting which resulted in a structured financial settlement likely to worth in excess of £10m over the child’s expected lifetime. Interim compensation obtained following the liability agreement enabled the family to appoint a case manager to assist with their son’s management and care/therapy needs whilst the claim was underway.
This is a tragic case in which my clients’ concerns were rejected – both during the relevant pregnancy and with their subsequent complaint. The fact that the liability was then vigorously defended before a last minute 90% compromise was achieved goes to show how much earlier an appropriate resolution could have been achieved. My clients have always striven to provide the best home environment and care for their son and the settlement that we have been able to secure will enable them to continue to do so with appropriate professional support.
Paul Kingsley, Senior associate at Moore Barlow LLP
A statement from the parents:
Paul provided us with the guidance and expertise we needed to navigate our way through a complex legal process. His approach has always been calm, understanding and empathetic towards our needs and more importantly driven to get the best outcome possible for our case.
When we were faced with the challenge of establishing liability, various aspects of case law, numerous expert opinions and significant effort in helping to assess quantum, Paul and his team made it very simple for us to digest and understand what we needed to do. Paul pursued our case with very high levels of professionalism, energy, determination and momentum throughout but also with empathy and compassion – he put us completely at ease during such an emotional and distressing time for the family.
Nothing can really show our gratitude for the successful outcome and settlement that was achieved by Paul and his team – they have changed the life of a young child and will enable our family to move forward together whilst providing our son with love and the specialist care and support that he needs.
The service from Moore Barlow was what set them apart and, in our opinion, within the top tier of solicitors in this field. We would highly recommend them to anyone looking for legal advice or representation.
How Moore Barlow can help?
Paul Kingsley is an experienced senior associate solicitor acting on behalf of claimants in medical negligence cases. Having previously defended doctors and the NHS from 1995, he has acted on behalf of claimants since 2011. Taking a balanced view and having a tactically advantageous understanding of the NHS and the approach taken by defendants enables him to secure the best outcomes for clients.
Please visit the wrongful birth webpage page or contact Paul Kingsley.
