Boyes Turner’s specialist cerebral palsy lawyers have secured compensation of an £885,000 lump sum and lifelong annual payments of £134,700 rising to £168,700 for an eight year old girl who suffers from cerebral palsy. The damages award will enable the claimant and her family to buy a suitably adapted home and provide the essential care that she needs for the remainder of her shortened life.
The financial settlement follows a hard-fought legal claim in which Boyes Turner’s lawyers and experts had to prove that the claimant’s severe neurological disabilities came from the hypoxic ischaemic injury that she suffered as a result of the negligent delay in her delivery, rather than a stroke which occurred around the same time causing additional brain damage. The law says that defendants are only required to compensate injury that is caused by their negligence and there was a significant risk that this claim could fail or the damages be greatly reduced at trial owing to the additional complication of the stroke.
Despite the risks of litigation and the inevitable impact of her shortened life expectation on the potential value of the claim, it was essential to ensure that the case was settled and the damages structured in a way that provided lifelong, real benefit and financial security to the claimant. With the help of advice from medical and financial experts and our in-house legal experts in special educational needs and Court of Protection deputyship, Boyes Turner’s specialist team were able to negotiate a settlement which will make a real difference to the claimant and her family for the remaining years of her life. The settlement was approved at a hearing before a High Court Judge who complimented Boyes Turner’s lawyers on the expert way in which they overcame the difficulties in the claim for the benefit of the claimant.
We have considerable experience of dealing with medical negligence claims relating to childbirth. If you are considering making a claim and would like free advice or information from our expert solicitors then call us now on 0800 307 7620 or email [email protected].
