Compensation for girl with whole body cerebral palsy, epilepsy, severe learning difficulties and visual impairment

Boyes Turner's specialist cerebral palsy lawyers have secured a £3.3 million settlement from an NHS hospital for an 8 year old girl who suffers from cerebral palsy.

The claimant suffered brain damage when she was deprived of oxygen during the final stages of her mother's pregnancy. She has whole body cerebral palsy, epilepsy, severe learning difficulties and visual impairment and is totally dependent on others for all of her basic needs. The severity of her condition means that her life expectation is greatly reduced.

The claimant was her mother's second child and for her delivery her mother was booked into hospital for a trial VBAC (vaginal birth after a previous c-section) which meant that she was classed as high risk. When she attended hospital late in the pregnancy with a suspected placental abruption the fetal monitor showed signs of fetal distress. After some delay, and a failed attempt to deliver the baby by Ventouse (vacuum-assisted vaginal delivery), the baby was eventually delivered with forceps.

A claim was made for our client on the basis that there was a negligent delay in recognising the signs of fetal distress, particularly as this was a high risk pregnancy with the suspected complication of a placental abruption, and that earlier action and intervention by the hospital staff would have avoided most if not all of the claimant's injury.

The case was complex and hard fought. Throughout the court proceedings the defendant hospital refused to accept that it was responsible for the claimant's brain damage but a settlement was finally negotiated which will provide security for the child's future and assist her family in paying for her care, therapies, equipment and necessary adaptations to their home.