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Compensation recovered from Isle of Wight hospital following birth negligence
Jack* was injured at birth when delays in the run up to his delivery temporarily stopped the supply of oxygen to his brain. This caused a hypoxic ischaemia injury, which resulted in dystonic cerebral palsy primarily by way of movement difficulties in the form of four-limbed dystonia.
Dystonic cerebral palsy is also known as dyskinetic cerebral palsy. Children who suffer from cerebral palsy may make movements that they have no control over, can appear to be writhing, and there is often a loss of control over sitting and standing. However, children with dystonic cerebral palsy also usually have preserved comprehension and intelligence. Dystonic cerebral palsy is often caused by a hypoxic ischaemia injury.
Our specialist cerebral palsy claim solicitors secured judgment for Jack and his family. Jack’s claim for cerebral palsy negligence has now been adjourned until his future needs resulting from the hypoxic ischaemia injury sustained during birth can be assessed accurately.
The claims process
Jack’s family contacted our cerebral palsy claim solicitors to help with the cerebral palsy negligence he had suffered at birth and we then began an investigation into the circumstances of his delivery. We looked into how the hypoxic ischaemia injury that caused the dystonic cerebral palsy could have been prevented and a cerebral palsy negligence claim avoided. To do this we requested the medical reports for Jack and his mother and spoke to a number of experts, including a professor of neonatology, obstetric and midwifery experts, a paediatric neurologist and a neuroradiologist.
In 2009, our cerebral palsy claim solicitors contacted the hospital, setting out the circumstances of Jack’s delivery and how we believed that cerebral palsy negligence had taken placed to cause his hypoxic ischaemia injury and dystonic cerebral palsy. This included how Jack was not properly monitored during his delivery and that a delay in obtaining a medical review resulted in a delay in his birth, during which time the hypoxic ischaemia injury happened. In addition, our cerebral palsy claim solicitors highlighted that Syntocinon was not properly used by the medical staff responsible for Jack and his mother.
Did the hospital admit fault?
The hospital did not make an appropriate response to the claim of cerebral palsy negligence made by our cerebral palsy claim solicitors. Judgment was entered against the hospital in 2010.
How was the case funded?
Legal aid was granted and there was no cost to Jack or his family in making their cerebral palsy negligence claim.
The future for Jack
Although Jack is still too young for the judgment secured by our cerebral palsy claim solicitors to be given a monetary value, his compensation amount will be decided when the full extent of his dystonic cerebral palsy is known and his future requirements can be accurately predicted. In the meantime Jack and his family are receiving temporary short-term payments to cover his current 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