A life-changing outcome for a child and her family following undiagnosed disorder

When AB (not her real name as there is an Anonymity Order in place) was a young child, her family became concerned about a range of unusual symptoms and subtle differences in her development and appearance. Despite seeking medical advice, her condition went undiagnosed for years. Tragically, this delay in diagnosis and treatment led to a preventable brain injury caused by an undetected rare metabolic disorder- homocystinuria. 

Her family knew something wasn’t right, and they refused to give up on finding answers. That persistence, combined with legal support from specialist solicitors in our birth injury team, has now resulted in a life-changing outcome for AB- one that will allow her to live a safe, supported, and fulfilling life. 

AB’s case was led by our expert birth injury team, and recently concluded with Court approval of a settlement worth approximately £14 million. The compensation will fund lifelong care, therapies, adapted accommodation, and professional support, ensuring AB receives the help she needs to thrive. 

But this case was never just about compensation. It was about accountability, answers, and ensuring AB’s needs, both now and in the future, would be met in full. 

The fight for justice 

Our legal team alleged that AB’s treating NHS paediatrician failed to act on signs that warranted referral to specialist metabolic doctors. Had that referral happened sooner, AB would likely have been diagnosed and treated years earlier, avoiding the life-altering brain injury she now lives with. 

We undertook a detailed investigation over many years, obtaining supportive evidence from a panel of independent paediatric experts. We also reviewed extensive home video footage recorded by AB’s grandfather, which vividly showed her early development and the symptoms we alleged doctors should have acted on. 

After the NHS Trust denied liability, we issued Court proceedings and pushed forward through all legal stages. Just before trial, a mediation meeting led to a hard-won compromise on liability. This allowed us to move forward with securing the support AB needs, without having to go to trial. 

Making a difference 

Once liability was resolved, the next step was to understand and evidence AB’s current and future needs. Despite her injury, AB is full of energy, ambition, and life. But her condition affects her ability to fully understand her limitations, which meant careful planning was needed to keep her safe while supporting and promoting her independence. 

The team worked with a wide range of professionals to assess AB’s medical, therapeutic, educational, housing and care requirements. These included specialists in metabolic disease, physiotherapy, speech and language therapy, psychiatry, neuropsychology, occupational therapy, our own Court of Protection team and more. 

The final settlement included both a lump sum and ongoing annual periodical payments, index-linked and tailored specifically to AB’s long-term support needs. This structure ensures that AB and her family will always have the financial security and professional support required. 

Reflecting on the journey 

Following the final hearing at the Royal Courts of Justice, AB and her family were present and deeply moved by the outcome. Reflecting on the case, an expert birth injury lawyer at Fletchers said: 

“This very complex and highly contested medical negligence case has been with me for 10 years. After careful investigations, legal proceedings were started, and we managed to negotiate a liability compromise position with the Defendant NHS Trust at a Mediation. 

“We have since then quantified the case by investigating AB’s current and long-term needs with a team of professional support workers, adapted accommodation, specialist equipment and a range of private therapies to help AB live a full and meaningful life. 

“AB’s avoidable injuries caused her to suffer a subtle brain injury. This made quantifying her case challenging because she lacks insight into her limitations and disabilities. She is a whirlwind of energy and a real inspiration with her positivity and drive for life, but we had to make sure that her aspirations were carefully managed and, ultimately, her safety guaranteed. I am pleased to say that we have achieved this very difficult balance.” 

AB’s mother also shared her heartfelt appreciation for the support they received throughout the process: 

“The team has supported me throughout with this long running and highly complex case against the NHS. He has always kept me fully informed in every aspect of what has been a highly emotional journey. I have been extremely impressed with his expertise, caring nature and competence and I would have no hesitation in recommending Fletchers to represent anyone looking for a medical negligence solicitor.” 

Here when you need us 

At Fletchers Solicitors, our dedicated birth injury team understands how deeply these cases affect families – not just in the early years, but for life. With one of the largest and most experienced specialist teams in the UK, we are regularly instructed in complex birth and paediatric injury cases, many resulting in settlements exceeding £10 million. 

If you believe your child may have been affected by substandard medical care, we are here to listen. We provide compassionate, expert advice, supporting you every step of the way.