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Hannah* (now 24 years old) was born with spina bifida and hydrocephalus. Errors during her birth also meant that her oxygen supply was temporarily cut off, causing an hypoxic ischaemic injury that resulted in cerebral palsy. As a result of her birth injuries, Hannah has a reduced life expectancy, learning difficulties, and she will need constant care for the rest of her life.
A child with cerebral palsy has problems controlling their muscles and their movements, including posture and getting around. Where a hypoxic ischaemic injury that is the result of birth injury negligence has caused cerebral palsy, there may be a cerebral palsy claim.
Boyes Turner’s birth injury negligence solicitors secured £1.5 million in cerebral palsy compensation for Hannah’s hypoxic ischaemic injury and the mistakes during her birth.
The claim process
When Hannah’s family contacted our birth injury negligence team we started looking at the circumstances of her birth and how the hypoxic ischaemic injury that gave rise to her cerebral palsy claim could have been prevented.
We began by obtaining the medical records for Hannah and her mum and we spoke to a number of experts with experience in birth injury negligence. We then contacted the hospital to explain what we thought had taken place during Hannah’s birth and how the hypoxic ischaemic injury that gave rise to the claim for cerebral palsy compensation had happened.
The hospital argued against Hannah’s cerebral palsy claim, saying that Hannah would already have had significant special needs because of the underlying conditions of spina bifida and hydrocephalus. The cerebral palsy claim triggered disputes over how much Hannah’s needs had been increased by the hypoxic ischaemic injury and what cerebral palsy compensation there should be for this.
Did the hospital admit fault?
No, at all times during the claim for cerebral palsy compensation the hospital denied birth injury negligence for the hypoxic ischaemic injury. However, five days before the trial, and after considerable negotiation, an agreement of £1.5 million cerebral palsy compensation was reached,
The future for Hannah
Thanks to her successful cerebral palsy compensation claim Hannah and her family can ensure that her special needs are met, now and in the future. Hannah and her family can use the funds from her birth injury negligence claim to make sure she gets the care and support she needs throughout her life.
*All names have been changed for client privacy.
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