Calderdale hospital negligence - birth injury claim compensation

Our client

Joseph* (now 10 years old) suffered a cerebral palsy birth injury when a lack of care during his delivery meant that the supply of oxygen to his brain was temporarily stopped. This birth injury resulted in asymmetrical dyskinetic cerebral palsy.

A child with asymmetrical dyskinetic cerebral palsy may make unintended movements, sometimes writhing in appearance and may not have control over posture. Although a child with this type of cerebral palsy birth injury often has serious physical disabilities, they will also have preserved intelligence and understanding.

Joseph can walk on his own, but his cerebral palsy birth injury means he is unsteady and is quickly tired, and when he is tired his speech also suffers. As a result of his injury during birth he has serious problems using his right hand and some issues with his left, and he needs help with dressing, washing and feeding on a daily basis.

The result

Judgment against the hospital was secured by our team of cerebral palsy solicitors. Joseph’s cerebral palsy birth injury is in the process of being expertly valued, based on his needs as a result of the dyskinetic cerebral palsy.

The claims process

Our specialist cerebral palsy solicitors were contacted in 2009 and asked to look at the circumstances surrounding Joseph’s injury during birth.  This involved examining the medical reports for Joseph and his mum and consulting experts, including a midwife, neurologist and obstetrician, to obtain their opinions.  Our cerebral palsy solicitors were trying to establish how the injury during birth that was the cause of the asymmetrical dyskinetic cerebral palsy occurred and how it could have been prevented. 

In 2011, we contacted the NHS Trust on Joseph’s behalf, setting out what had happened during his delivery and how we believed the midwife negligence that had caused injury during birth had occurred.  This included how a medical review had not been carried out when it was needed, and how signs of Joseph’s distress had been missed and not acted on.

How was the case funded?

Legal aid was granted and there was no cost to Joseph or his family.

The future for Joseph

Joseph and his family are receiving short-term temporary payments until Joseph is old enough for his cerebral palsy birth injury claim to be valued.  With judgment secured by our cerebral palsy solicitors Joseph and his family will in the future receive full compensation to cover his special needs.

*All names have been changed for client privacy.