£3 million compensation - delay in delivery led to cerebral palsy

Our client

Alexander (now 19 years old) had a long and difficult delivery. Delays during his birth temporarily stopped the supply of oxygen to his brain, causing a serious birth injury (a hypoxic brain injury), resulting in dyskinetic cerebral palsy. Alexander required resuscitation and suffered fits just hours after his birth.

The result

Our specialist cerebral palsy claim solicitors obtained a £3 million settlement for Alexander and his family.

The claim process

In 1994 we were approached by Alexander’s family and our expert cerebral palsy claims team began looking into the events behind Alexander’s birth injury and resulting dyskinetic cerebral palsy. This involved reading through medical reports for Alexander and his mum and speaking to experts, including a consultant obstetrician and a midwifery expert. These experts said that if Alexander had been delivered 25 minutes earlier then his birth injury would have avoided and his dyskinetic cerebral palsy could have been prevented.

At the end of 1997 we contacted the hospital to set out what had happened to Alexander to cause his dyskinetic cerebral palsy and how we believed birth injury negligence had occurred. This included how midwife negligence had led to Alexander’s mother being advised to continue to push, even though there were signs that Alexander was struggling to cope with the process of labour. We also stated the expert opinion that a forceps delivery should have been carried out much earlier than the time that Alexander was actually delivered. At this point the NHS trust did not accept that they were liable for Alexander’s birth injury.

Although court proceedings were started, after careful consideration of Alexander’s needs, a £3 million settlement was proposed by the NHS Trust and accepted on the working day before the trial would otherwise have begun, in 1999.

Did the hospital admit fault?

The hospital did not admit fault at first, but just over a year after the claim was begun by our specialist cerebral palsy claims team, the NHS Trust formally admitted that the severe birth injury that led to Alexander’s dyskinetic cerebral palsy was their fault.

How was the case funded? 

Legal aid was granted and there was no cost to Alexander or his family.

The future for Alexander

The payment received by Alexander and his family for his cerebral palsy claim will be used to address Alexander’s special needs for the rest of his life.

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.


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