Boy Who Suffered Brain Damage at Birth Awarded More than £15m by High Court

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Kelly Withers

Senior Associate Solicitor

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A boy who suffered brain damage at birth and went on to develop cerebral palsy as a result of delays in his delivery has been awarded a compensation package worth in excess of £15million by the High Court.

The amount was confirmed during an approval hearing which took place on the 1st December 2021 at Manchester High Court, following the family’s eight-year battle for justice. During which the hospital where he was born admitted that failures in his care directly contributed to his condition.

The child, known only as PW and who cannot be named for legal reasons, was born at Liverpool Women’s Hospital in 2013, when his mother went into early labour at just 38 weeks pregnant.

The baby was born by emergency caesarean section as a result of complications caused by what is known as a uterine rupture, resulting in the slowing of the baby’s heart rate. The Trust later admitted a breach in its duty of care and that an ‘earlier delivery should have occurred’.

Following legal action brought by medical negligence experts at Simpson Millar against Liverpool Women’s Hospital NHS Foundation Trust on behalf of the family, the Trust also admitted that if earlier delivery had occurred PW ‘would have avoided all neurological injury’.

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Compensation Awarded

The £15million compensation care package, which includes a lump sum payment of £5.3million, as well as annual payments for the remainder of the child’s life, will now be used to fund a lifetime of care, therapies, specialist equipment and accommodation.

The severity of the child’s impacts his development, mobility and his ability to communicate, meaning that he will never be able to live independently. The funds will therefore ensure that he can live to his ‘fullest potential’.

His lawyer explained,  “Because these payments will run for the rest of my client’s life, the reality is that the value of this claim could well exceed the fifteen-million-pound estimate. However, what’s far more important than the numbers, is the fact that this compensation will offer my client security and peace of mind for his future.”

The solicitor dealing with the client’s case is an expert in birth injury cases at Simpson Millar, and she went on to say that, said the family were ‘extremely relieved’ that the case had come to an end, and very much looking forward to moving on with their lives.

She said: “No amount of money will ever compensate the family for what they have endured over the years as a result of an injury that could and should have been avoided, but it will provide some financial stability which will fund PW’s immediate and longer-term care needs.

“The family are extremely relieved that the case has now drawn to a close and are looking forward to moving on with their lives as best they can.

“Whilst PW will never be in a position to live independently, the care package he has been awarded by the High Court does mean he can live in a specially adapted home with dedicated carers, and with access to specialist equipment.”

Following an admission of liability from the Trust in 2016 PW was awarded interim payments on account of damages which ensured that PW had access to care and rehabilitation whilst the case was ongoing.

We can help you access interim payments of compensation if the other party accept responsibility. These payments can cover urgent costs such as:

  • Loss of earnings;
  • Aids and adaptations to help your child with their mobility or speech;
  • Private medical treatment, rehabilitation, physiotherapy and care your child may need.


“It is imperative that we work together with NHS Resolution in the client’s best interests in complex, birth injury cases such as this,” a lawyer at Simpson Millar said. “Establishing access to the rehabilitation, accommodation, specialist equipment, education and wider community care that the injured party needs as quickly as possible can have hugely beneficial outcomes for their quality of life in the longer term.”

Speaking about the outcome of the case, PW’s mum said, “I would like to take this opportunity to thank my solicitor andthe team at Simpson Millar for their support, hard work and sincerity. It is a relief to finally get to this point and know our son's needs will be met for the rest of his life. We know that nothing can change his injuries but knowing we can help to support him and use the compensation to put in place the substantial care package that he needs is of some consolation.

“We are eternally grateful to Simpson Millar for everything that they have achieved on our son’s behalf. They will always be part of our family going forward and will have the opportunity to see our son progress to his full potential now he has all that he needs."

How Simpson Millar can help you

If your child has Cerebral Palsy because of a mistake made before, during or just after their birth by a midwife or doctor, you’ll likely have a number of complicated feelings and worries about the future.

Our Medical Negligence Solicitors understand that your first priority will be the wellbeing of your family and new baby. Our job is to take away as much of the pressure of the legal claims process as we can, so you can focus on what matters most.

We know that this will be an overwhelming time for you, and you might be unsure about where to start in terms of accessing support and making arrangements for your child’s care. Our specialist Cerebral Palsy Solicitors will outline the help that is available to you as well as securing you access to lifetime support including:

  • Payment for specialist equipment
  • Physiotherapy
  • Speech and language therapy
  • Adaptations to your home, or finding a more suitable home for you and your family
  • Anything else your child may need to allow them to live a fulfilling life

Get in touch with our approachable team for a free claims assessment, by calling us on 0808 239 6043.


Liverpool Women's NHS Foundation Trust. (n.d.).

WebMD. (n.d.). Emergency C-Section.

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Kelly Withers

Senior Associate Solicitor

Areas of Expertise:
Medical Negligence

As an Associate Solicitor within our Medical Negligence team, Kelly represents clients who have suffered as a result of negligence by a medical professional.

With her experience of Medical Negligence law, Kelly understands that these types of claims can be difficult to deal with. She likes to make sure that her clients feel that they can reach out any time to discuss their claim, ask questions and receive straightforward responses.

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