£1.3m interim award for brain injured child

An 11-year-old girl suffered a catastrophic brain injury as a result of negligence during her delivery. 

The parties reached an earlier agreement on liability, meaning responsibility for the negligence had been agreed. However, the full value of her claim couldn’t yet be assessed because of the nature and extent of her injuries.

The child’s injuries included cerebral palsy, epilepsy and significant behavioural problems. These conditions presented ongoing challenges for her and her family.

Her needs required specialist support, including care tailored to her disabilities and education appropriate to her needs.

The child’s disabilities affected everyday family life. Her parents and siblings had to manage the practical challenges of her care alongside their own daily lives.

The family needed a more suitable home and additional support to help them manage these demands. They also needed specialist input to address her behavioural needs and ensure she received an appropriate education.

Although the parties had agreed liability, they were still working towards a final settlement. A definitive assessment of the claim wasn’t expected until 2018.

Given the extent of the child’s injuries and her ongoing needs, the family couldn’t wait for the final settlement to secure essential support. The team on the case obtained court approval for interim payments totalling more than £1.3 million.

These payments provided funding while the legal process continued, helping the family address the child’s immediate needs before the full value of the claim could be assessed.

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The interim payments enabled the family to move to a more appropriate home and adapt it to better meet the challenges they faced.

They also funded a case manager and a specially trained support worker to assist with the child’s care. This helped the child, her parents and siblings enjoy a more typical family life.

Further funding enabled specialist behavioural psychology support and helped ensure the local authority provided education suited to the child’s needs. The interim payments were expected to fund her care until the final assessment of the claim, when provision would be made for her lifelong care.

If your child has suffered a brain injury due to negligence during birth, you may be facing difficult questions about their future care and support. Fletchers’ specialist team can help you understand your options.

Find out more about our birth injury and cerebral palsy claims service and contact us today to discuss your circumstances.