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Birth brain injury claim settled for 5 year old with severe cerebral palsy
Grace* (now 5 years old) suffered an injury during birth that resulted in severe cerebral palsy. Grace was seriously and permanently injured during her delivery and will not be able to recover.
Cerebral palsy is a condition that affects brain development. In Grace’s case this was caused by an injury during birth that has severely affected her brain function. A child with cerebral palsy has problems controlling their muscles and their movements, from sitting still, to grasping and lifting. A large number of brain injury claims in children stem from a diagnosis of cerebral palsy.
Our team of brain injury claims solicitors obtained an admission of liability from the NHS Trust. Grace is still to young for the value of her claim for birth injury to be valued but the family is already receiving short-term interim payments to meet those immediate needs created by Grace’s cerebral palsy.
The claim process
When our brain injury claims team was first contacted we started looking into the circumstances of Grace’s delivery and how she suffered an injury during birth. We began with medical reports for Grace and her mother and also consulted a range of specialists who could provide insight on the circumstances of brain injury claims and how Grace’s arose.
We contacted the hospital to set out what had happened to Grace and how we believed Grace and her parents had a claim for birth injury. That claim for birth injury stated how Grace had suffered an injury during birth that had caused her cerebral palsy and that we believed the hospital was responsible.
Did the hospital admit fault?
Initially the hospital did not admit responsibility for the injury during birth. However, when Grace’s claim for birth injury reached the high court, full liability was admitted.
How was the case funded?
Legal aid was granted and there was no cost to Grace or her family in making their claim for birth injury.
The future for Grace
At 5 years old Grace is too young for the full extent of her cerebral palsy, and her current and future needs as a result of her injury during birth, to be determined. Her claim for birth injury will be assessed when she is old enough, and in the meantime Grace and her family are already receiving financial support, which can be used for accommodation, care, transport, education and therapies.
*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