Find out more about some of clients we have helped make a successful compensation claim.
Legal action proves girl would not have suffered cerebral palsy if delivery was just 21 minutes earlier
We were instructed by the parents of a girl who was born with brain damage leading to the neurological condition cerebral palsy which significantly affects her movement and
Her parents wanted to understand how this had happened believing that it was entirely preventable. Our investigations found that during their daughter’s birth, medical staff had administered excessive amounts of a labour inducing stimulant.
We also found that a CTG trace taken of the baby’s heart rate during the later stages of the labour had shown a slow heart rate which should have prompted the midwife to seek additional medical assistance as a matter of urgency.
Medical notes taken at the time also detailed that the baby’s shoulder was obstructing the labour providing another strong indicator which should have prompted additional medical assistance being sought and an earlier delivery being progressed.
With the help of no less than four independent medical experts who considered the CTG trace and the medical care provided during the birth, we proved that had the midwife responded appropriately and reacted urgently to the evidence showing that the baby had a slow heart rate, our client’s daughter would have been born 21 minutes earlier.
Medical experts confirmed that the difference of just a few minutes would have resulted in the baby making a full recovery with no lasting injuries at all.
Now aged 12, our client’s daughter will need care for the rest of her life and, as a result of the medical negligence, has been left with a number of physical and mental problems.
Rather than being born perfectly healthy, she suffers with significant disabilities including:
- involuntary muscle spasms
- over responsive reflexes
- a stammer when she talks
- the risk of long term orthopaedic problems
- unstable movement making simple tasks such as climbing stairs very difficult
- she is also likely to lack mental capacity until she turns 25
We won the claim of medical negligence against the NHS Trust involved securing a significant seven figure sum. Working with our Court of Protection team, she now has a Personal Injury Trust in place to ensure that the large settlement secured will be protected.
We carefully calculated how much she was entitled to in order to meet the cost of her lifelong care needs as a result of her entirely preventable cerebral palsy.
The cerebral palsy compensation secured will cover the following:
- the pain, suffering and loss of amenity due to the medical negligence
- past care costs incurred up to the time that the settlement was secured
- round the clock support for life
- taking into consideration that she may have children of her own in the future, potential childcare costs were included as she would require significant support with this
- future aid and equipment
- loss of future earnings
- assistive technology
- therapy including: speech and language; physiotherapy; psychotherapy; podiatry and occupational therapy
- future holidays and travel
- tuition fees
It is estimated that 1 in 400 babies are diagnosed with cerebral palsy in the UK with 30,000 children and 111,000 people currently living with the condition.
If your child has cerebral palsy and you believe that this was caused by medical negligence, Call Us on 0800 042 3295. Alternatively, contact us with details of your potential medical negligence claim by email at firstname.lastname@example.org.Find out more about our Medical Negligence department
Rachel claimed for damages and loss as a result of substandard obstetric and midwifery care at the time of her birth. Rachel has since been diagnosed as suffering from Quadriplegic Cerebral Palsy.
Had there not been a delay in delivery, she would have been born neurologically intact and would not be living with cerebral palsy.
As a result of the injuries, Rachel will have physical problems throughout her life. She suffers from problems in her lower limbs and upper limbs and subsequently walks with a limp.
While she is ambulant at the moment, it is likely that at some point in the future her mobility will diminish and use of a wheelchair will be needed outside of the house.
Rachel will also have a substantial handicap in the labour market. At a Joint Settlement Meeting the claim was valued at £1,875,000 (on a full liability basis).
The parties reached a compromise on liability and causation 70/30 in favour of Rachel (The Claimant). The claim settled for £1,312,500.
Rachel shall have the right to return to Court for further damages if she develops epilepsy; and makes an application for provisional damages during her lifetime.
If you have suffered as a result of substandard obstetric and midwifery care leading to cerebral palsy and would like a free, initial consultation with a medical negligence specialist, please contact a member of our team on 0800 085 3295. Alternatively, please contact us by email at email@example.com with your telephone number and details of the incident.
*Names have been changed
Richard was born at the Defendant Hospital in 2004. His mother’s substandard obstetric care sadly led to him being born with cerebral palsy.
An internal investigation was conducted at the hospital and the clinician involved was subsequently sanctioned at a GMC Hearing. After preliminary investigations, the Trust was quick to accept responsibility and judgment was entered at Court on Richard’s behalf for the amount of cerebral palsy compensation to be assessed.
As Richard was so young at the time that liability was conceded, it has taken some time to properly assess the condition and in particular the prognosis. Of particular concern was to establish life expectancy in order to compensate Richard and his family accurately.
Assessments were carried out by experts from both sides.
It was ultimately estimated that Richard may live until 65. The compensation fund reflects this and Richard will receive a lump sum and periodical annual payments for the duration of his life. Interim payments were made available to allow the purchase and adaptation of a specialised house where the family now live.
The family is extremely pleased with the result and it allows them to get on with their lives and future family plans.
If you believe that you received substandard obstetric care leading to cerebral palsy and would like a free, initial consultation with a medical negligence specialist, please contact a member of our team on 0800 085 3295.
Alternatively, please contact us by email at firstname.lastname@example.org with your telephone number and details of the incident.
*Names have been changed
Daniel was born in April 1985. It was alleged that the delivery was mismanaged such that he suffered an episode of distress prior to delivery which caused hypoxic ischemic encephalopathy and he was subsequently diagnosed with choreoathetoid cerebral palsy affecting all four limbs.
He had numerous problems as a result of his cerebral palsy and was wheelchair bound and dependent upon 24 hour care but he was intellectually unimpaired.
Liability and causation were denied and the matter was given split trial directions. The Claimant (Daniel) relied on evidence from two obstetric experts and from a paediatric neurologist and a neuro-radiologist.
It was agreed by the parties prior to trial that during the final stages of labour, Daniel suffered hypoxia which resulted in choreoathetoid cerebral palsy.
The parties agreed that there was a period of fetal bradycardia prior to delivery and, if this had been limited to 10 minutes Daniel’s cerebral palsy would have been avoided. The Claimant said that the window of opportunity extended to 15 minutes and that the Defendants were in breach of duty in the management of the labour with a failure to deliver Daniel earlier.
It was alleged that if conducted properly as a trial of forceps delivery in theatre, delivery would have been achieved within 10 minutes thereby avoiding the Claimant’s cerebral palsy. The Defendants denied breach of duty and causation. They said that the hypoxia was caused by the mechanism of the delivery and that the time at which the delivery was commenced was irrelevant to the cause of hypoxia.
The matter proceeded to a seven day trial. Judgement was handed down in October 2005 and an order was made that there be judgement for the Claimant (Daniel) on liability and causation.
By this time it was necessary to instruct a new expert as Daniel had become an adult therefore evidence was obtained from a consultant neurologist and from a neuro-psychologist. Joint expert evidence was obtained from an educational psychologist and reports were obtained from a nursing care expert, occupational therapist, physiotherapist, accommodation expert, speech and language therapist and IT expert.
Evidence was also relied upon from a Deputy regarding Court of Protection costs and from an independent financial adviser regarding periodical payments.
Daniel received a total of £610,000 in interim payments from the date of judgement until the date of settlement. A seven figure settlement was eventually achieved.
If you would like to find out more about our services or would like a free, initial consultation with a medical negligence specialist, please contact a member of our team on 0800 085 3295. Alternatively, please contact us by email at email@example.com with your telephone number and details of the incident.
*Names have been changed
Peter claimed for damages and loss as a result of medical negligence during the course of his delivery leaving him with severe brain damage as a result of profound asphyxia. He now suffers from cerebral palsy.
An earlier delivery would have resulted in him being born neurologically intact and not suffering with cerebral palsy. Instead, Peter is sadly profoundly physically handicapped but has retained some intellectual capacity.
He suffers from four limb spastic cerebral palsy and is dependant on 24 hour care. He has very limited communication skills, poor hand coordination and is unable to crawl or walk. Peter’s mobility is unlikely to progress beyond that of an electric wheelchair.
He will have major threats to long term survival including; chest infections, aspiration pneumonia and declining respiratory reserve if he were to develop a scoliosis. The Trust involved conceded breach of duty and causation.
Medical negligence specialists at Linder Myers Solicitors settled the claim for over £7 million as a lump sum and periodical payments.
If you would like to find out more about our services or would like a free, initial consultation with a cerebral palsy specialist, please contact a member of our team on 0800 085 3295. Alternatively, please contact us by email at firstname.lastname@example.org with your telephone number and details of the incident.
*Names have been changed
Michael suffered oxygen deprivation at birth causing severe brain damage.
During the course of Michael’s delivery the midwives gave his mother a drug (oyxtocin) intended to increase the strength and duration of her contractions. Unfortunately over a period of more than 1 hour they gave her far too much.
As a consequence, Michael’s mother had a far greater number of contractions than she should have (hyper stimulation).
Whenever a contraction takes place the umbilical cord is restricted thereby reducing the oxygen to the baby. As a result Michael was starved of oxygen and born brain damaged. At the time the claim settled it was one of the highest awards of damages ever to be paid to a brain damaged child.
If you would like to find out more about our services or would like a free, initial consultation with a medical negligence specialist, please either contact a member of our team on 0800 085 3295 or alternatively, please contact us by email at email@example.com with your telephone number and details of the incident.
*Names have been changed
It was alleged that as a result of a failure to deliver on time, Mark was exposed to an unnecessary period of a slow heart rate leading to brain damage. He suffered severe spastic quadriplegia, cerebral palsy, blindness, profound intellectual impairment and epilepsy as a result.
Mark was born in December 1990 and a firm of Solicitors local to his parents was instructed in 1991. Unfortunately, they failed to progress the matter and the matter transferred to Linder Myers in August 2000.
Following our initial assessment of the evidence, we invited the Defendant’s Solicitors to admit liability. They asked us to delay our investigations whilst they considered this proposition and, in June 2001 they confirmed that they were not instructed to admit liability.
We found it necessary to instruct fresh experts because those who had previously been used would not have been our experts of choice in a claim of this complexity and value.
We experienced difficulties in obtaining up to date condition and prognosis evidence both because of the lengthy waiting period of the expert and because Mark underwent a fundoplication in 2005 and a hip operation in October 2006 which prevented him from being re-examined.
Expert evidence was eventually obtained from an obstetrician and a midwifery expert, a paediatric neurologist and a paediatric neuro-radiologist.
We also got expert evidence from a paediatrician, an educational psychologist, an IT expert, a physiotherapist, a nursing care expert, an occupational therapist and an accommodation expert.
In addition, evidence was obtained from an independent financial adviser regarding periodical payments and from a Deputy on Court of Protection costs.
No admissions were made and a Part 36 offer by the Defendant of £500,000 was rejected. The matter was listed for a trial for 12 days in November 2008.
In October 2008 settlement proposals were put forward by the Defendant on a 100% liability basis. A settlement was reached which was approved by the court in 2008 for a lump sum of £1.6million with periodical payments of £160,000 in the first year and £179,000 thereafter.
Life expectancy was considered to be to the age of 30 to 34 however, sadly, Mark has died since the settlement was reached. Julia Bridges was the solicitor on this case.
If your child has suffered brain damage and you believe this was due to medical negligence and would like a free, initial consultation with a medical negligence specialist, please contact a member of our team on 0800 085 3295.
Alternatively, please contact us by email at firstname.lastname@example.org with your telephone number and details of the incident.Find out more about our Medical Negligence department