Compensation secured after birth delay causes brain injury

Our client

Six year old Sophie* was injured when delays during her birth reduced the supply of oxygen to her brain, causing a hypoxic ischemic brain injury. This resulted in severe whole body cerebral palsy and severe learning difficulties. Sophie is completely dependent on others for all activities of daily living and she is fed through a gastrostomy tube.

The result

Our specialist cerebral palsy claims solicitors, Susan Brown and Vanessa Wand, secured a settlement at 50% of the liability case for Sophie against the NHS Trust. Substantial temporary short term payments have been secured to cover Sophie's immediate needs, whilst the valuation of the claim is undertaken.

Specialist Court of Protection solicitor, Ruth Meyer, is in the process of being appointed as Sophie's deputy.

The claim process

When our cerebral palsy claims team was first contacted, they began an investigation into Sophie's delivery, what went wrong and whether the hypoxic ischemic brain injury that caused her cerebral palsy could have been prevented. This involved looking at medical records for Sophie and requesting reports from expert witnesses, such as a midwife and paediatric neurologist. The claim was complicated and a number of experts were required.

Our cerebral palsy claims solicitors then contacted the NHS Trust setting out what had happened to Sophie and how they believed hospital negligence had occurred.

Did the hospital admit fault?

The NHS Trust strongly denied responsibility for Sophie's injury. Our cerebral palsy claims team commenced formal Court proceedings against the NHS Trust. The 50% settlement was reached three weeks before Trial.

How was the claim funded?

Legal Aid was granted and there was no cost to Sophie or her family in making their cerebral palsy claim.

The future for Sophie

Sophie and her family are receiving temporary short term payments whilst the valuation of the cerebral palsy claim is undertaken. A case manager is being appointed in order to help the family get the help they need. With compensation secured, Sophie will receive the care she needs both now and for the rest of her life.

*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.


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