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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Fieldfisher has successfully been recognised as an "Occupation and Asbestos Disease Specialists" Fieldfisher are now recognised as assessors
Charities we support
Partner Jane Weakley and team complete the London Prudential Ride 100
Jane Weakley, Partner within Fieldfisher's Personal Injury and Medical Negligence practice, has completed the Prudential RideLondon-Surrey 100 helping to raise over £3000 for the Bobath Centre.
£11,000,000 + Indemnity secured for girl with cerebral palsy caused by failure to react to pre-eclampsia and misunderstood CTGs at the Royal Surrey County Hospital
RCOG highlights proof babies could be saved with better care
Maternity initiatives introduced by the government in 2015 may have begun to bite as the number of stillbirths fell for the first time in a decade. The bad news is that too many babies still die because of inadequate maternity care.
As litigation funding gets murkier, legal aid remains a beacon for families devastated by birth injuries
Lord Faulks QC flagged his concern in the Times about the potential conflict of interest imposed on a case by third-party litigation funding.
Fieldfisher hosts successful conference for practitioners working with people suffering catastrophic neurological injury