Multi million dollar settlement for claimant residing abroad with cerebral palsy from birth injury at London hospital

Boyes Turner’s cerebral palsy claims specialists have secured a multi million dollar settlement for a boy whose cerebral palsy was caused by negligent maternity care. Our client’s brain was injured as a result of oxygen deprivation during delays in his delivery at a London hospital.

We helped his family make an international claim for compensation for his injury, and for the costs of meeting his needs arising from his severe disability in the country where he and his family now live.

Maternity mistakes cause HIE brain injury and cerebral palsy

Our client’s brain injury occurred in the final minutes before his birth as a result of negligent maternity care which delayed his delivery. The fetal (unborn baby’s) heart rate was inadequately monitored during the second stage of labour (when pushing takes place). The lack of monitoring meant that the maternity team remained unaware of abnormalities in the fetal heart rate which would have prompted them to deliver the baby by an emergency instrumental delivery. If they had done so, our client would have been born before his brain had suffered permanent injury. Instead, labour was allowed to continue.

He was born in poor condition with his umbilical cord wrapped around his neck and had inhaled grade III meconium. He needed resuscitation. A neonatal paediatrician was called and carried out suction of the meconium and intubation. The baby was transferred to the neonatal unit and needed ventilation.

MRI brain scans later confirmed that he had suffered acute hypoxic ischaemic encephalopathy (HIE). Our client has severe, whole body dyskinetic/spastic cerebral palsy and epilepsy, some learning difficulties and impaired communication. He is partly gastrostomy-fed. He will be totally dependent on others throughout his shortened life.

Claiming cerebral palsy compensation which will meet our client’s needs abroad

We pursued our client’s claim against the defendant hospital, which initially denied that they were at fault but a year later admitted liability. We obtained judgment for our client and secured significant interim payments to meet our client’s urgent needs. The assessment of damages (when the court decides the amount of compensation) was then adjourned whilst our client and his family sought permanent residency status in the country where they now reside.

Our client was entitled to have his needs arising from his disability assessed by experts in accordance with English law, but it was important that the cost of meeting those needs was based on what it would actually cost in the country he now lives in. To do this, we worked with experts from that country in life care planning, guardianship and the financial management of compensation awards and taxation. Each aspect of the claim had to be carefully considered and investigated to ensure that our client’s lifelong needs and financial losses would be properly met by his compensation.

We then negotiated a settlement which provides our client with multi million dollar lump sum plus the security of guaranteed, index-linked, annual payments (PPOs) for care and case management rising with age and need.

If you are caring for a child or young adult with cerebral palsy or neurological disability caused by medical negligence and you would like to find out more about making a claim, contact us by email at cerebralpalsy@boyesturner.com.