On the 2nd of November 2022, The Supreme Court in London gave a long-awaited ruling that a family can bring a claim forward for childbirth injuries sustained in Germany in 2000.
The family of a young man who suffered catastrophic brain damage after complications during his birth spoke out of their relief, after a High Court Judge ruled that they can bring a claim for compensation against the Ministry of Defence (MoD) and Armed Forces Charity, SSAFA.
Harry Roberts was born on the 14th of June 2000 at the Allegemeines Krankenhaus hospital in Viersen, Germany – where his parents were living. The child’s parents were living abroad, as the father was serving overseas with the British Army. Sadly, Harry was left with the most severe form of cerebral palsy after his brain was deprived of oxygen due to delays during his delivery.
Returning to the UK
On their return to the UK the family filed their claim but the Defendants argued that they were out of time to do so. At the initial hearing the Defendants argued in a hard-fought Court battle that under German Law Harry’s case was out of time and must be thrown out – which sadly, it was at the time.
But in a judgment handed down in 2020 at the High Court by Mrs Justice Alison Foster, DBE, it was found that while the claim should be brought under German Law given that’s where the injuries were sustained, to deny Harry the right to claim compensation under German Limitation Law would be disproportionate and cause him ‘undue hardship’.
The ruling went on to say that even under German Limitation Law, his parents did not acquire the required knowledge that there had been a deviation from the usual standard of care until the findings of the German hospital’s investigation were first made available to them 3 years after his birth.
The family’s Medical Negligence Lawyer from Simpson Millar who specialise in Medical Negligence of all kinds, said the ruling meant the family were now in a position to bring a claim for negligence in order to secure a compensation package that would meet Harry’s current and future care needs.
The family’s representative explained that they were ‘relieved’ that they had now succeeded in their quest after what has been an ‘extremely difficult time for them’.
He said, “The parents have fought tirelessly over the past 20 years to ensure that Harry was treated fairly and not denied the right to compensation simply because he was born in a German hospital while his father loyally served his country overseas.
“Harry is now aged 19 and his parents remain resolute as ever to ensure that he has the care he needs. They have endured a long and stressful battle for justice in which every possible obstacle and delay tactics have been put in their way. They now look forward to engaging with the MoD and SSAFA to bring this long and protracted case to its conclusion.”
Lady Justice Foster, DBE paid special tribute to Mr and Mrs Roberts when she remarked, “I must recognise the dignity and grace with which both parents gave evidence concerning these deeply traumatic events. There was no murmur of complaint or dissatisfaction from either. They displayed what appears to me to have been extraordinary resolve and resilience throughout the hearing and, indeed, have done so since these events happened now almost 20 years ago.”