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Lifelong care payments awarded for birth injuries

29 October 2019

Legal action following a mismanaged delivery that resulted in brain injuries resulted in lifelong payments for care needs. 

What Happened: Due to the defendant hospital trust’s mismanagement of our client’s birth, he suffered a brain injury, resulting in a form of cerebral palsy.

Impact: As a result of the defendant’s negligence, our client has very complex health needs for which he will require a high level of care throughout his life. He suffers from severe behavioural and learning difficulties associated with a brain injury, due to which he displays features such as poor concentration and impulsivity. He also suffers from epilepsy and difficulties walking. As a result of this our client requires 24/7 care; will not be able to live independently in adult life and is not safe to be left alone at any time.

How Slater and Gordon Helped: Cerebral palsy is a group of lifelong conditions which affect movement and coordination. Our client therefore brought a clinical negligence claim against the NHS Trust.

The hospital admitted that they breached their duty of care and that this caused the clients injury. We carried out detailed investigation into the amount of compensation the client should be paid. Due to our client’s health and care needs, this was a complex investigation involving evidence from over 10 experts. It also involved sophisticated calculations of future compensation to ensure that the client would have enough money to fulfil his care needs for the rest of his life.

Decision: A settlement agreement for a seven-figure lump sum was reached together with annual periodical payments for life for all of the client’s care needs.

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