£13m+ settlement after negligent treatment of neonatal necrotising enterocolitis and hypocarbia cause cerebral palsy

Boyes Turner’s neonatal brain injury lawyers have secured a settlement of over £13.3 million* for a teenager with spastic diplegic cerebral palsy. The boy was one of twins who were born prematurely. In the first few days of life, known as the neonatal period, the hospital’s negligent treatment of his necrotising enterocolitis and excessive ventilation (hypocarbia) injured his brain. He has retained intellect but significant physical disability.

Full compensation guaranteed by 100% judgment

We investigated and pursued a claim for our client during his early childhood and secured an admission of liability (fault) by the hospital. As none of the medical experts could establish exactly how much of our client’s disability was caused by the defendant’s negligence, we secured judgment in full for our client on the basis that the hospital’s negligence made an ‘indivisible material contribution’ to his injury. This guaranteed our client full compensation for his injury, his financial losses and the additional costs of meeting his needs caused by his disability.

£875,000 interim payments met the family’s urgent needs for their child until we were ready to settle the claim

The case was then adjourned until the child had grown and his development had reached a stage where his future condition, disability and lifelong needs could be assessed. This was important to ensure that the full cost of meeting his lifelong needs, such as for care, therapies, specialist equipment and adapted accommodation, and his financial losses such as loss of earnings, could be included in the claim. During the adjournment, interim (advance) payments of £875,000 helped pay for his family to move to more suitable accommodation and meet his other immediate needs.

As soon as our experts were able to assess his future condition and lifelong needs, we were then able to value the claim and prepared to meet with the hospital’s defence team, NHS Resolution, to negotiate settlement.

We achieved a compensation settlement ten times higher than NHS Resolution’s valuation of our client’s claim

We obtained a compensation settlement for our client which provides him with a £4.75m lump sum plus guaranteed lifelong annual payments (a periodical payments order or PPO) of up to £135,000pa to pay for his care. The £13m+ total settlement was more than ten times NHS Resolution’s valuation of the claim.

Our client’s compensation is protected via a personal injury trust, and his privacy is protected with an anonymity order. 

*capitalised equivalent over the course of the claimant’s life

If your child has cerebral palsy or neurological disability as a result of negligent maternity or neonatal care, or you have been contacted by HSIB, HSSIB, MNSI or NHS Resolution, you can talk to one of our experienced solicitors for advice before responding, or in relation to making a claim by contacting us here.