Cerebral palsy & birth injury claims case study.
Oliver was born by an emergency caesarean section, or c-section. There were issues with how the labour was managed, including delays in performing the section and mistakes with medication given to Oliver’s mother. As a result of the failures in the management of the labour, our client suffered neonatal encephalopathy and developed cerebral palsy. This left Oliver severely disabled. Those who suffer from severe cerebral palsy require care for their entire life. It is a condition that affects movement and muscle development and is caused by complications during or after childbirth that cause damage to the brain.
Medical negligence claims
Whilst researching cerebral palsy, Oliver’s parents came across a news story in which Ernie Telford of McCartan Turkington Breen settled a cerebral palsy claim for £4m. After a brief period of reading testimonials left by previous clients of the firm, Oliver’s parents contacted us. They instructed Harry McAleese who issued proceedings against the relevant Health and Social Care Trust. The Trust denied liability.
Harry obtained legal aid and instructed medical experts to report on liability and causation. He then issued court proceedings. Following an exchange of expert reports with the Trust, a meeting was arranged between the medical experts instructed by each party. The Trust then agreed to settle the case.
Living with cerebral palsy in Northern Ireland
Assessing the value of the case was complex. It was necessary to obtain reports from several cerebral palsy specialists in their respective fields. These reports were then provided to a forensic accountant and negotiations took place between both sides. This was important as it was the only opportunity to discover what is required for Oliver to live a comfortable and happy life. His condition is such that he will require specialist care and assistance for the rest of his life. He needs various forms of assistance including physiotherapy, speech and language therapy and assistive technology. The family home required structural adaptation to ensure it is suitable for Oliver’s needs.
We negotiated an excellent settlement on behalf of our client, which included a large lump sum payment and further annual payments for the rest of our Oliver’s life. These payments will enable our client to receive the care and assistance he will require. The estimated total award was £5million. This was the second multi-million pound cerebral palsy claim settlement negotiated by Harry within a year.
In a statement to the press, Harry said, “the family are delighted and relieved at the outcome of this long-running case. This settlement will enable them to provide the necessary support and comfort for their child.”
Our clinical negligence department can help your family too
If your child suffers from a birth injury such as cerebral palsy, our team of medical negligence solicitors are available to help you. You can learn more about our Medical Negligence Claims service or contact us for a free, no commitment discussion with a medical negligence specialist solicitor.
Note: The name Oliver is a pseudonym to protect the identity of the child referenced throughout this case study.