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Cerebral palsy claim settled for £2.9 million settlement after acute hypoxic event during birth of twins
George*, the second of twin babies, was injured when he suffered a severe hypoxic brain injury when his umbilical cord became caught around his neck, depriving his brain of oxygen. As a result of this severe hypoxic brain injury George became a child with cerebral palsy.
The brain of a child with cerebral palsy either does not develop normally, or is injured – before, during or after birth, or in childhood. Children with cerebral palsy will have problems controlling their muscles and the way their body moves, as well as how they sit and stand. Cerebral palsy may only affect a child physically, but it can also influence learning and behaviour.
Because George is a child with cerebral palsy he needs constant care and will be dependent on others for the rest of his life for his physical needs. However, whilst he has severe physical limitations, George has preserved intelligence and comprehension.
Our birth injury compensation solicitors secured a £2.9 million birth injury negligence settlement for George and his family.
The claims process
When our birth injury compensation solicitors were first contacted we began investigating what had happened to George during his delivery, in what way his severe hypoxic brain injury could have been prevented, and how George could have avoided becoming a child with cerebral palsy. We obtained medical notes and records for George and his mum, and spoke to a number of experts in order to find out their opinions on George’s severe hypoxic brain injury and what went wrong during his birth.
Our birth injury compensation solicitors contacted the hospital on behalf of George and his family, setting out how we believed birth injury negligence had taken place and that this was responsible for George becoming a child with cerebral palsy. This included how in the minutes leading up to his delivery George had suffered the severe hypoxic brain injury because of the cord wrapped around his neck, and that if the birth injury negligence had not taken place, George could have been born without suffering the severe hypoxic brain injury.
Did the hospital admit fault?
The hospital initially denied birth injury negligence but made a £1 million offer of compensation two months before the trial - with no admission of liability for birth injury negligence. When this was rejected, one month before the trial a £1.7 million offer was made, based on this being 50% of the hospital’s valuation of the claim.
When this was once again rejected, the hospital offered £2.75 million to settle and an offer of £2.9 million was finally accepted, along with an educational indemnity that would guarantee George’s place at his current school.
How was the case funded?
Legal aid was granted and there was no cost to George or his family in making their birth injury compensation claim.
The future for George
Thanks to the birth injury compensation package our team secured, George can remain at his current school and he and his family will have the financial support to meet his ongoing needs.
*All names have been changed for client privacy.
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