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Release Date: 22 April 2009
Anthony Collins Solicitors recently achieved a substantial seven figure damages awarded to a child following admitted negligence in community midwifery standards in 1999. The award includes a yearly index linked payment to pay for his carers throughout his entire life as he is unlikely ever to live independently. The nature of the claim was in relation to a failure of the Community Midwife Service on two days in the immediate period following discharge of mother and child following his birth at a Midlands hospital. This sadly led to S suffering catastrophic brain damage in the form of occipital atrophy due to undiagnosed/untreated neonatal hypoglycaemia. As a result, S lacks capacity, will be wholly dependent upon others throughout his life, and has no residual employment capacity Court proceedings were commenced and initially the Defendant’s representatives offered to settle the case at 60% of the potential value in an attempt to achieve a lower payment for the Defendant. We advised the Claimant’s family not to accept the award even though 60% of potential damages was likely to be a very large sum of money and would have made a great difference to the future well being and care of the Claimant but, in our opinion and in the opinion of the parents, it would not be sufficient to provide for his lifelong needs. He was estimated to have a virtually normal lifespan to the age of 76. After the rejection of the offer made by the Defendant, the Defendant then agreed to be responsible for 100% of the value of the claiim to be determined by the court. The matter proceeded with the benefit of public funding and, in just over two years from commencement of the actual court proceedings, a judge approved the settlement without the need for a trial to take place to determine the actual award to be made. This reduced the levels of stress and anxiety for the Claimant and his devoted parents. Expert opinion was obtained to assist in quantifying the claim’s value from a number of experts including a paediatric neurologist, neuropsychologist, educational psychologist, care, accommodation and visual handicap specialists. For further information on this or to deal with similar cases, please contact Tony Hall of Anthony Collins Solicitors on 0121 212 7476 or email tony.hall@anthonycollins.com. Tony is a member of the Law Society Clinical Negligence Panel and specialises in dealing with complex brain injury litigation.
