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Case Study

£450,000 settlement in cerebral palsy negligence claim

We pursued a cerebral palsy claim for Penny who developed a mild form of cerebral palsy following a delay in her delivery. The claim was settled for £450,000.

Penny was born six weeks early on 13 November 1990. Her mother had an unrecognised placental abruption, which was evident from the significant abdominal pain which she suffered, together with abnormalities on the CTG (fetal heart monitor).

Penny's brain was starved of oxygen during her birth and as a result she now suffers from mild spastic dyplegic form of cerebral palsy with epilepsy.

Penny attends a regular school, although she sometimes needs assistance to undertake physical activities. Intellectually she is bright, but has some difficulty with mathematics.

We were instructed to pursue a cerebral palsy claim on Penny's behalf.

Our expert medical evidence indicated that Penny should have been delivered about 25 minutes earlier to avoid any brain damage.

Unusually, we were also advised by our experts that paediatric monitoring had been negligent in that Penny had suffered from hypoglycaemia, partly caused by the failure of the hospital to maintain intravenous infusion of dextrose when Penny visited her mother on the labour ward.

The claim was fixed for trial for 9 July 1991, but was settled shortly before in the sum of £450,000 which was paid into a private trust for the benefit of Penny.