There were significant complications during Lara’s birth that lead to a severe oxygen deficiency. She sustained a serious brain injury as her brain was starved of oxygenated blood. She later developed cerebral palsy.
Those who suffer from severe cerebral palsy require care for their entire life. It is a condition that affects movement and muscle development and can be caused by complications during or after childbirth that cause damage to the brain.
Lara’s parents sensed something was wrong with the care that mother and baby had received in the hospital. They believed Lara’s injuries were avoidable. They contacted McCartan Turkington Breen Solicitors and had the benefit of a free initial consultation. We accepted their instruction and began the process of pursuing a claim for cerebral palsy. This process is highly complex and can take years to arrive at a resolution.
Harry McAleese issued proceedings against the relevant Health and Social Care Trust. The Trust denied liability.
Harry applied for Legal Aid and for an interim payment to be made which enabled the family to secure suitable accommodation to be adapted for the child’s needs. An interim payment is a sum of money advanced to a claimant from the total compensation they will get at the end of their claim.
It was necessary to obtain reports from several specialists in their respective fields. These reports were then provided to a forensic accountant and negotiations took place between both sides. This was an opportunity to discover what is required for Lara to live a comfortable and happy life. Her condition is such that she will require specialist care and assistance for the rest of his life.
Lara requires various forms of assistance including physiotherapy, speech and language therapy and assistive technology. Additionally, the family home required structural adaptation to ensure it is suitable for Lara’s needs.
The Trust admitted liability and Harry instructed Counsel to enter settlement negotiations. When all things had been considered, the case settled for £20million. This was believed to be one of the largest medical negligence settlements in Northern Ireland at the time the matter concluded.
In a statement outside court, Lara’s parents said: “We are glad the Trust accepted responsibility for the failures in care and we hope that lessons have been learned from this case. Whilst the compensation is significant it is not a lottery win, but will simply cover what is necessary for the care and therapies required by our daughter.”
Speaking to the press, Harry said: “I am pleased a substantial final settlement has now been reached, which will provide the family with financial security and ensure they can adequately provide for their daughter throughout her lifetime.”
If your child has suffered as a result of a birth injury such as cerebral palsy, our experienced team is ready to help. Learn more about our services or contact us for a free initial discussion.
Note: The name Lara is a pseudonym to protect the identity of the child referenced throughout this case study.
