Cerebral palsy claim settled for £2.9 million settlement after acute hypoxic event during birth of twins

Boyes Turner’s cerebral palsy specialists secured a £2.9 million compensation settlement for a boy who suffered a severe hypoxic brain injury as a result of the negligent management of his mother’s labour and his delivery.

Our client was a second twin. During his mother’s labour, his umbilical cord became caught around his neck, depriving him of oxygen. The maternity staff failed to recognise signs that he was suffering from fetal distress from a lack of oxygen. Correct treatment would have been to deliver him urgently. Instead, the labour was allowed to continue and during the period of negligent delay immediately before birth, he suffered a severe hypoxic brain injury.  He was eventually delivered with the umbilical cord wrapped around his neck. As a result of his brain injury he was disabled by cerebral palsy.

We investigated the circumstances of our client’s birth and helped his family pursue a claim for compensation against the defendant hospital. They denied that our client’s injury was the result of negligent care and maintained this position throughout the proceedings. However, two months before trial, whilst still denying liability, they made a settlement offer of £1 million. On our advice, that offer was rejected. Following further negotiations in the weeks leading up to trial, an offer of £2.9 million compensation was finally accepted.

Our client is severely physically disabled and is dependent on others for his care, however, he has preserved intelligence and comprehension. In addition to the financial lump sum, the settlement also provided our client with an educational indemnity which guaranteed our client’s existing school placement.  

If you are caring for a child with cerebral palsy or neurological injury as a result of medical negligence and would like to find out more about making a claim, you can talk to one of our specialist solicitors, free and confidentially, by contacting us here.

I try to assist lawyers by explaining, in clear and comprehensible terms, what the relevant issues are and where the strengths and weaknesses of the case lie.

DR PETER DEAR

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