Seven-figure damages approved for hypoxic brain injury at birth claim following court judgment

Posted: 28/02/2023

Penningtons Manches Cooper’s clinical negligence team has achieved a high-value settlement for a young girl with cerebral palsy following a hearing at the Royal Courts of Justice.

The client was born at a London hospital, and has severe quadriplegic cerebral palsy, categorised at the highest level of the Gross Motor Function Classification System (GMFCS). She also has learning difficulties.

The Penningtons Manches Cooper team, led by partner Stephanie Code and associate Elizabeth Maloney, was instructed to investigate a claim that there had been errors in treatment at the time of her birth, and obtained reports from experts in the fields of obstetrics, neonatology, neuroradiology and paediatric neurology on the standard of care provided. The experts agreed there had been serious errors in treatment, leading to a very significant brain injury.

The trust was asked to admit liability based on the supporting evidence obtained It responded with an admission specifically acknowledging that there had been a failure to note abnormalities on the CTG, a failure to request an earlier obstetric review, and a delay in the delivery. The trust accepted that the errors had caused the client’s hypoxic brain injury, and with appropriate treatment she would have been born unharmed.

Following the admission, judgment was obtained and an immediate interim payment of over £1,000,000 was made.

It was not until the client was approaching 12 years old that a final assessment could be made of her future needs. The clinical negligence team instructed numerous specialist experts to advise on the level of support required including a paediatric neurologist, care expert, occupational therapist, educational psychologist, paediatric physiotherapist, speech and language therapist, assistive technology expert and accommodation expert.

The experts were able to provide an estimate of past, present and likely future needs, and a very substantial claim for damages was put forward, which included the cost of a suitably adapted home, future 24-hour care, with two carers from the age of 19 at all times, and equipment, including a wheelchair accessible vehicle (WAV) which had already been purchased.

Aspects that were important to the client were sufficient holiday costs funds as extended family live abroad, and the ability to continue to benefit from water-based activities/aquatic therapy. Sums were included within the reward for this.

The defendant served its evidence and a settlement meeting took place in 2022. The parties were able to reach agreement on the damages to be awarded.

This settlement was approved at a hearing at the Royal Courts of Justice which was attended by the client. The award includes a very significant seven-figure lump sum, and high value periodic payments to cover care and support for the rest of the claimant’s life. The priorities for the client now are to purchase a property that can be adapted for her long term needs and provide space for a full-time care team, with room for ongoing therapy, and assistive technology, including an Eyegaze system for communication.

Partner Stephanie Code commented: “We are very pleased to have achieved this significant settlement for our client and hope that it will allow her, and her family, to feel properly supported for the rest of her life. There is no question that this ongoing compensation will provide security and peace of mind moving forward.”

The client’s mother, speaking after the case, provided the following feedback to the clinical negligence team: “We really appreciate your hard work and everything you did for our daughter and for our family as a whole. We couldn't have pulled this off without you.  You have always been there, providing trustworthy advice and keeping us on the right track…. you worked very conscientiously and helped our daughter to save her future.”

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