Claimant awarded over £24 million in birth injury claim

Clare Thompson, Partner, and Head of our Clinical Negligence team at Hay & Kilner, acted on behalf of a client who was awarded compensation with a capitalised value of over £24 million in May 2023.

The clinical negligence claim arose out of alleged negligence at the time of the Claimant’s birth in 2014. A subsequent MRI scan revealed a pattern of hypoxic ischaemic brain injury consistent with an acute profound asphyxia insult at birth. The Claimant has a diagnosis of four limb dystonic cerebral palsy. Clare was contacted by the Claimant’s family, shortly after their birth.

Early admissions were made by the Defendant which admitted that it failed to identify that the Claimant was presenting in a breech position which should have been detected with an earlier scan. Had the breech position been identified earlier, the Claimant’s mother would have been offered a caesarean section. Had the Claimant been delivered by caesarean section, their injuries would have been avoided.

Judgment was entered for the Claimant in July 2019 and a stay of proceedings was ordered. Investigations into quantum were commenced once the Claimant was old enough for reliable assessments to be performed.

The Claimant obtained quantum evidence in the fields of paediatric neurology, deputyship costs, accommodation, care, occupational therapy, physiotherapy, speech and language therapy, educational psychology and assistive technology.

Negotiations following a Round Table Meeting in April 2023 resulted in settlement, less than a month before Trial. The claim settled for a lump sum of £6,550,000 plus periodical payments of £141,000 for the first year following settlement, £215,000 to age 19, and then £313,500 from age 19 for life. This represented a capitalised value in excess of £24 million.

No amount of money will change what happened to Clare’s client, but the monies received will go a long way to ensuring that they and their family live as fulfilled a life as possible.

If you have suffered harm as a result of clinical negligence, please contact Clare Thompson, Partner in our clinical negligence team.