£7.3m birth injury compensation for 10-year-old girl with cerebral palsy

The client suffered a serious neurological injury during her pre-term delivery at St Richard’s Hospital, Chichester, in 2012.

Medical evidence accepted that she experienced a period of reduced oxygen supply before delivery because of a developing placental abruption. This part of the injury wasn’t considered preventable. The key question was whether an earlier delivery would have avoided her severe injuries.

The claim focused on whether the hospital should have delivered the client earlier. The hospital disputed responsibility, and the question of liability was vigorously defended before a 90% liability settlement was agreed.

The client has cerebral palsy affecting her whole body, alongside microcephaly, a condition involving a smaller-than-expected head size.

She also has severe global developmental delay and epilepsy. She receives nutrition through a gastrostomy tube.

The client needs round-the-clock care and has a restricted life expectancy. Her complex needs mean she’ll require extensive support throughout her life.

The client’s disabilities mean she needs continuous care and support. Her family have worked hard to provide her with as normal a life as possible despite the challenges she faces.

Her complex needs require careful planning for the future, including suitable accommodation and ongoing care. Her family also need to make provision for the equipment, transport and therapies she’ll require.

The compensation award gives the client and her family greater financial security and helps ensure that her needs can be met throughout her life.

The team on the case pursued the claim despite the hospital’s strong defence of its position. The central issue was whether an earlier delivery would have prevented the client’s severe injuries.

A 90% liability settlement was agreed, and judgment was entered against the hospital in June 2020. This meant the hospital accepted legal responsibility for 90% of the claim, allowing the team to focus on securing the compensation needed for the client’s future.

An interim payment of £650,000 was secured before the final award was agreed. This gave the client access to compensation while the full value of her lifelong needs was assessed.

The compensation was structured to cover the client’s substantial care needs and the costs associated with her disabilities.

A £3 million lump sum will help fund suitable housing adapted to her needs. It will also cover other significant costs, including equipment, transport and therapies.

In addition, the client will receive annual, index-linked payments for life. These payments are designed to cover her lifelong care and case management needs, helping ensure she has the support she requires as her needs continue.

The court approved the client’s final compensation award in July 2022. The award will amount to more than £7.3 million over her anticipated lifetime.

The compensation will help put a professional care regime in place and give the client opportunities to enjoy activities in a home adapted to her needs. It also provides her family with greater reassurance about the financial support available for her future.

Paul Kingsley, who represented the client and her family, said:

“Having advised JJJ and her family since they first sought advice about a potential claim, I’m delighted that we have been able to secure this compensation for JJJ following her 90% liability settlement. It will provide her with financial security for the rest of her life, being sufficient to provide appropriate accommodation and to cover the high level of care that she will always need. JJJ’s family have fought to provide her with as normal a life as is possible, and this award will enable them to do just that.”

The client’s mother also said:

“We are extremely happy with the settlement that has been obtained for JJJ and we are very grateful for the way in which Paul and his team have worked for JJJ – firstly to establish liability and then to secure this settlement which means that JJJ can have the best life possible. She will now have the care she needs for the rest of her life and opportunities to do the things she enjoys in a home which will be adapted for her needs. As a family, we have felt very relaxed and happy with Paul’s management of our daughter’s claim.”

When a child has suffered a serious injury around the time of birth, the impact on the whole family can be significant. Securing appropriate compensation can help provide the care, accommodation and support a child needs throughout their life.

Fletchers’ specialist birth injury team can help you understand your options if you’re concerned about the care your child received.

Find out more about our birth injury claims service.

Contact us today to speak to our team.