Spastic quadriplegic cerebral palsy - brain injury at birth resulting from medical negligence
A boy born at an NHS hospital by caesarean section in June 1999 sustained a hypoxic brain injury leading to spastic quadriplegic cerebral palsy. This was allegedly due to the mismanagement of his mother's labour. He has highly impaired motor functions and is totally dependent as far as daily living activities are concerned. There appeared to be a degree of preservation of the child's cognitive and social abilities.
Cerebral palsy lawyers at Boyes Turner were first instructed in April 2000 and a legal aid certificate was issued three months later. Reports were obtained from the relevant medical experts and in July 2004 a full admission was obtained from the hospital.
In July 2005 we served a Schedule of Loss together with supporting documentation.
In December 2005 the defendant served a Counter Schedule together with supporting documentation and a ‘Part 36’ offer to settle for £2.3 million. This was rejected on the advice of a QC.
At the lawyers’ round table meeting in January 2006, settlement was achieved at £3 million on a lump sum basis subject to approval of the Court. An independent financial adviser was instructed to consider whether it would be in the claimant's best interests to accept part of his award by way of periodical payments or structured settlement. Ultimately, the claimant was advised that the lump sum of £3 million was more advantageous than the defendant's periodical payment offers.
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