Compensation secured for child with severe dyskinetic cerebral palsy

Our client

Liam* (five years old) was injured when delays during his birth reduced the supply of oxygen to his brain causing a hypoxic ischemic brain injury. This resulted in severe dyskinetic cerebral palsy involving all four of Liam’s limbs. Liam is totally dependent on others for all activities of daily living. He has some preserved intellect, the full extent of which is not yet capable of evaluation. 

The result

Our specialist cerebral palsy claims solicitors obtained an admission of liability from the NHS Trust. The valuation of the claim has however been put back to 2015, partly due to Liam’s age, but also to give his parents time to decide which country they’re going to permanently settle in. Substantial temporary short term payments have been secured to cover Liam’s immediate needs in the meantime. 

The claim process

When our cerebral palsy claims team was first contacted in 2008 they began an investigation into Liam’s delivery, what went wrong and whether the hypoxic ischemic brain injury that caused his cerebral palsy could have been prevented. This involved looking at medical reports for Liam and requesting reports from expert witnesses, such as a neonatologist and a midwife.

In 2011 our cerebral palsy claims solicitors contacted the hospital, setting out what had happened to Liam and how we believed hospital negligence had occurred. 

Did the hospital admit fault?

The hospital initially denied responsibility for what happened. Our cerebral palsy solicitors therefore had to commence formal court proceedings against the hospital, and, shortly before the expert witnesses were due to exchange reports the hospital admitted full claim liability for causing Liam’s hypoxic ischemic brain injury that resulted in his cerebral palsy.

How was the claim funded?

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

The future for Liam

Liam and his family are receiving temporary short term payments whilst the value of the cerebral palsy claim compensation is put on hold. With claim compensation secured Liam will receive the care he needs, both now and for the rest of his life. 

*All names have been changed for client privacy.