Claim settled for child with cerebral palsy following a hypoxic ischemic brain injury

Our client

Six year old Nicholas* was injured when delays during his birth reduced the supply of oxygen to his brain, causing a hypoxic ischemic brain injury. As a result Nicholas has bilateral cerebral palsy affecting all four limbs (also known as quadriplegia) and a bulbar palsy necessitating regular suction and jejunostomy feeding. Nicholas is totally dependent on others for all activities of daily living. He has some preserved intellect, the full extent of which has not yet been assessed.

The result

Our specialist cerebral palsy claim solicitors, Susan Brown and Vanessa Wand, obtained a full admission of liability from the NHS Trust involved. Substantial temporary short term payments have been secured to cover Nicholas's immediate needs whilst the valuation of the claim is undertaken.

The claims process

When our cerebral palsy claims team were first contacted, they began an investigation into Nicholas's injury, what went wrong and whether the brain injury that caused Nicholas's cerebral palsy could have been prevented. This involved considering medical records for Nicholas and requesting reports from expert witnesses, including an obstetrician and a neonatologist. The investigation was complicated and a number of experts were involved.

Our cerebral palsy claims solicitors then contacted the NHS Trust setting out what had happened to Nicholas and how they believed hospital negligence had occurred.

Did the hospital admit fault?

To start with the NHS Trust denied responsibility for Nicholas's injuries. However, following commencement of formal court proceedings, a full admission was made.

How was the claim funded?

Legal aid was granted and there was no cost to Nicholas or his family in making their cerebral palsy claim.

The future for Nicholas

Nicholas and his family are receiving temporary short term payments whilst the valuation of the cerebral palsy claim is undertaken. Our specialist claims team are looking to move the family to more suitable rented accommodation as an interim measure, whilst the full valuation is undertaken. With compensation secured, Nicholas will receive the care he needs both now and for the rest of his life.

*All names have been changed for client privacy.