Local solicitors were previously instructed but had made little headway. The labour unfortunately gave rise to a severe traumatic injury to John’s skull and brain. Liability was ordered to be tried as a preliminary issue in November 2009. Shortly before the trial the Defendant agreed to accept 85% of responsibility for the injury which we argued was caused by the injudicious use of kielland’s rotational forceps during the course of his delivery.
John suffered a serious cosmetic disability, right sided hemiplegia, traumatic brain injury and as a result learning difficulties.
In May 2011 settlement of the case was approved by the High Court. A lump sum was made in the sum of £1.4 million. Periodical payments were made to cover the cost of care and support for the rest of John’s life. On a conventional lump sum basis the award is valued at just under £2.9 million.
John, at the time of the settlement, was a lovely and determined 14 year old boy who lived with his parents and sisters on the family farm in Cumbria. John is determined to follow the family into farming.
It is clear that but for his injury he was highly likely to have worked with his father and grandfather in the farm business which he is now not able to do. The settlement and annual payments will allow John to purchase the necessary care and support to enable him to work on the farm as an adult without depending on the support of his parents and grandparents.
After the case his parents said as follows:
“We are very pleased with the outcome which secures John’s future and will provide him with a lifestyle where he is happiest – working alongside his father and grandfather.
We could not have achieved this without the help of Paul and his team, who from our first meeting with them have gone out of their way to make the whole legal process as painless as possible. The last 14 years have been extremely stressful for our family and we now feel that we can move forward without too much worry about what the future holds for our son.”
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