£23m compensation awarded to 12-year-old

The girl suffered a brain injury following the negligent management of her delivery at Royal Berkshire Hospital in Reading in 2005.

The hospital’s legal representatives admitted that the delivery had been managed negligently. However, there remained a question about how much of the girl’s injury could be attributed to that negligence, as she might have suffered some injury in any event.

The girl has cerebral palsy, which affects the left side of her body. She has limited ability to walk and can’t perform tasks that require the use of both hands.

She also has uncontrolled epilepsy, including prolonged, life-threatening seizures, and significant learning disabilities. She experiences frequent challenging behaviour, which is expected to become harder to manage as she grows older.

Although she can speak and make herself understood, she has limited awareness of danger and needs constant supervision. She’ll depend on carers for most of her daily needs throughout her life.

The girl’s injuries mean she needs ongoing support to manage everyday life and help her reach her potential. Her family has worked hard to make sure she receives the right care and education.

Her parents also needed to plan for her long-term needs. This included finding a suitable home and arranging a care package that could support her as she grew up.

How the claim progressed: Establishing liability and securing specialist support

The hospital admitted that the delivery had been managed negligently. A judge approved a settlement that took account of the possibility that the girl would have suffered some injury even if the negligence hadn’t occurred. This is known as a discounted liability settlement.

Before the final settlement, the team on the case had already secured an interim payment. This helped the family move to a more suitable, specially adapted home and introduce care while experts assessed the girl’s long-term needs.

The family also needed support with her education. Education specialist and lawyer Erin Smart successfully pursued an appeal to the Education Tribunal, helping ensure the girl received appropriate support at a specialist school.

The girl was awarded £23 million in compensation, one of the largest clinical negligence settlements at the time. The award is intended to provide financial security throughout her expected lifetime and reflect the high level of care she’ll need.

The settlement will help fund her lifelong care and support, while giving her opportunities to develop her abilities and lead as full a life as possible.

Her parents said:

“We are deeply grateful to Paul for his dogged determination, patience and professionalism in pursuit of our daughter’s claim. His advice was unceasingly timely and well-considered – given the complexity of our daughter’s injuries and the number of experts involved in the claim this was no mean feat.”

The settlement brought relief to a family who had worked hard to secure the right support for their daughter and plan for her future.

If your child has suffered a brain injury or cerebral palsy following negligent care during birth, you may be worried about how to secure the support they’ll need throughout life. Fletchers’ specialist birth injury team can help you understand your options.

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