Successful claim against MoD for mild dystonic cerebral palsy - £300,000 settlement

Our client

Caleb* was delivered with cerebral palsy at birth at a Military Hospital run by the Ministry of Defence. He suffered an injury during birth when the supply of oxygen to his brain was temporarily stopped, resulting in mild dystonic cerebral palsy. Caleb’s injury during birth means that he will have problems with his movements and physical abilities throughout his life, although not to a serious degree. He is mentally bright but his dystonic cerebral palsy will have some impact on his appeal to future employers and he will need some degree of ongoing support.

Dystonic cerebral palsy is also known as dyskinetic cerebral palsy and is usually caused by an injury during birth, like Caleb’s. A child who has this type of cerebral palsy at birth may make movements they don’t mean to make and often cannot control their posture.

The result

Our specialist cerebral palsy claim solicitors obtained a £300,000 settlement for Caleb and his family for his cerebral palsy at birth.

The claim process

When our cerebral palsy claims solicitors were first contacted we began looking into how Caleb had been delivered, what had caused the injury during birth that resulted in the dystonic cerebral palsy, and how this could have been avoided. We looked at medical reports and notes for Caleb and his mum and requested the views of experts on cerebral palsy at birth, including professionals in the fields of obstetrics, neonatology and paediatric neurology.

Our cerebral palsy claim solicitors contacted the Ministry of Defence explaining what we believed had happened to Caleb and how we thought that hospital negligence was responsible for his cerebral palsy at birth. The claim made by our cerebral palsy claim solicitors stated how the problems Caleb would have in the future as a result of his dystonic cerebral palsy were the result of an injury during birth that could have been prevented.

Did the hospital admit fault?

No. The Ministry of Defence, which was responsible for the hospital, refused to admit to being at fault for causing Caleb’s cerebral palsy at birth. However, before the trial began, a settlement between the Ministry of Defence representatives and our cerebral palsy claims solicitors was reached at £300,000.

The future for Caleb

The injury during birth settlement achieved by our cerebral palsy claims solicitors will go towards supporting Caleb through those times when he needs additional assistance with the physical limitations caused by his dystonic cerebral palsy.

*All names have been changed for client privacy. 

Knowledgeable, organised, responsive, diligent, empathetic and human. I deal with many legal firms during the course of my work and have found the Court of Protection team at Boyes Turner to be, 'Simply the best'.

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