Landmark Treloar's PPO settlement for boy with severe dyskinetic spastic cerebral palsy

Boyes Turner’s brain injury specialists have negotiated an innovative settlement on behalf of a severely disabled, eight-year-old boy with severe dyskinetic/spastic cerebral palsy. The boy suffered a  traumatic brain injury and hypoxic ischaemia at birth from an attempted forceps delivery which delayed his birth, in circumstances where correct treatment would have been a trial of Ventouse (suction) delivery or emergency caesarean section if the attempted Ventouse delivery failed.

The hospital staff’s negligence left the claimant with maximum severity disability, lowest level motor function, and epilepsy.  He  will be totally dependent on others for all his basic needs and lifelong care. His communication is limited to eye gaze and he is fed by gastrostomy. Despite his significant learning difficulties, he has insight into his condition.

Cerebral palsy specialist, Susan Brown, secured an early admission of liability from the defendant, enabling her to enter judgment immediately upon issue of proceedings and obtain interim payments totalling £900,000 to meet the claimant’s urgent needs for adapted accommodation, specialist equipment and therapies, care and case management whilst she worked with experts to value the claim.

Given the claimant’s severe disability, communication difficulties and retained awareness it was of the utmost importance for his quality of life to secure funding for him to access supported education at special needs centre of excellence, Treloar’s. Throughout the case, the need for his Treloar’s placement was disputed by the NHS defendant.

After lengthy and hard-fought negotiations, the case concluded in a landmark settlement, which provides the claimant with a £5 million lump sum for capital costs, additional annual, inflation-proofed payments for care increasing according to his age and needs from £138,000 to £232,750 per year, and a further, dedicated PPO providing guaranteed full funding for the claimant’s placement at Treloar’s on an annual basis to the age of 19.

Following settlement, the claimant is now at Treloar’s and is benefiting from their excellent facilities. His family have the peace of mind of knowing that the PPOs provide the means for their son to be properly educated and cared for throughout his life.

If you are caring for a child with cerebral palsy please contact our specialist Cerebral Palsy lawyers by email at cerebralpalsy@boyesturner.com.