Over £15 million Compensation Secured in Cerebral Palsy Case

Specialist medical negligence lawyer Sahida Patel secured a settlement worth more than £15 million for a boy who sustained a permanent brain injury after a critical failure during a hospital transfer. 

Background 

Our client was admitted to hospital as a baby with bronchiolitis. During transfer to a specialist hospital unit, an endotracheal (breathing) tube was inserted.   

Tragically, the tube became dislodged during the transfer. A delay in recognising and re-intubating our client led to him suffering a profound hypoxic ischemic brain injury due to oxygen deprivation.  

Impact 

Due to the brain injury, the client was diagnosed with four limb dystonic dyskinetic cerebral palsy. The client lives with a range of lifelong physical and cognitive difficulties, including: 

• Inability to walk 

• Limited hand function  

• Dystonic movements, particularly when excited  

• Unsafe swallow, requiring gastrostomy feeding 

• Epilepsy  

• Inability to speak effectively  

• Severe learning difficulties  

• Significant behavioural issues 

Our investigation  

Our clinical negligence team launched a detailed investigation and gathered evidence from medical experts. The evidence supported our case, and the hospital trust subsequently admitted that their negligent care with the endotracheal tube becoming dislodged had caused the serious brain injury.  An apology was issued to the client and his family for the life-changing incident.  

Assessing future needs  

Once liability had been accepted, we focused on quantifying the compensation needed to manage the client’s current and future disabilities and needs. Evidence was gathered from experts in: 

• Paediatric Neurology 

• Care and Case Management 

• Clinical and Educational Psychology 

• Physiotherapy 

• Speech and Language Therapy 

• Occupational Therapy 

• Assistive Technology  

• Accommodation 

With expert input and information from the client’s family, we were able to quantify the case and to put forward a Schedule of Loss to the hospital’s legal team.  

The settlement 

Following a period of negotiations, we achieved an out of court settlement figure (on a capitalised basis) of over £15 million pounds.  This includes a lump sum payment, as well as annual payments for lifelong care and case management.  

Family feedback 

“Sahida worked tirelessly on our case to get the best possible outcome. They were particularly sensitive when handling our case and we were kept informed throughout with regular updates and were helped through what I can only say is a minefield. 

“We are delighted with the outcome and all the work put in by all members of staff.  This has made a massive difference to our family, and we cannot thank them enough for the work they put into our case.” 

How we can help you  

At Fletchers Solicitors, our dedicated team has extensive experience handling complex claims involving cerebral palsy and serious birth injuries. If you believe your child’s condition may be the result of medical negligence, we’re here to help. Speak to us today to discuss your situation and find out if you may have a claim.