£12,000,000 Compensation in Medical Negligence Brain Damage Case

Author:
David Thomas
Partner, Medical Negligence Lawyer
Date:
04/11/2019

A Medical Negligence Case Study - Client Situation

In September 2002, a baby boy, who cannot be named for legal reasons, was delivered by emergency caesarean section at Homerton University Hospital in London. He was delivered in poor condition and there were concerns about his reduced movement and heart rate. He was born slightly underweight, and susceptible to hypothermia and hypoglycaemia.

It was crucial to monitor the baby on a regular basis. However, staff at the hospital failed to notice that the child had become lethargic, and they failed to consult a paediatrician about his difficulties.

Tragically, the baby was diagnosed with hypoglycaemia and sustained brain damage resulting in Cerebral Palsy.

He was later diagnosed with epilepsy due to the brain injury he sustained at birth, and he now has impaired vision and difficulty walking and communicating and interacting with his peers.

How We Helped

The family approached our team of Medical Negligence Solicitors for help with getting answers to their questions and obtaining compensation from Homerton University Hospitals NHS Foundation Trust. Medical Negligence Lawyer David Thomas agreed to take on the case with the benefit of Legal Aid, and approached the NHS Trust on their behalf.

The NHS Trust admitted liability, accepting that the brain damage suffered by the baby could and should have been prevented had he been given the correct treatment and nutrition sooner. David Thomas managed to ensure the family received interim payments, which meant the baby was able to access the care and rehabilitation he needed straight away, without the need to wait until the case was fully settled.

The Outcome

After lengthy negotiations, Homerton University Hospitals NHS Foundation Trust agreed to pay the family £12 million in medical negligence compensation. This included an initial lump sum payment of £3 million, plus substantial inflation proofed annual periodic payments to ensure the child’s future care and rehabilitation needs could be met.

The boy, who is now a teenager, will require 24-hour care for the rest of his life and access to specialist equipment and therapies, as well as adapted accommodation for himself and his family. Speaking after the settlement was agreed, David Thomas said the family now have a home and care package that will enable the boy to live as independently as possible.

Approving the compensation settlement in the High Court, His Honour Judge Cotter QC praised Simpson Millar and the family’s leading counsel, Mr John De Bono QC, for their expertise and pragmatism, and he commended the parents for their devotion and wished them and the boy well for the future.

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