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Case Study

Cerebral Palsy claim settled for £9,000,000 within one year of instruction, ensuring rapid financial help for son’s care needs

In December 2015 Mark Bowman was instructed by Debbie following a liability settlement in Alfonso’s claim. Liability had been agreed at 50% and the client was not happy with this result. She wished to instruct a new solicitor who she felt would be able to achieve the best possible outcome for Alfonso.

Alfonso suffers from diplegic cerebral palsy although it affects all four of his limbs. He has cortical visual impairment, severe cognitive difficulties and developmental delay, spasticity in his upper but particularly his lower limbs, poor bladder and bowel control and a history of epilepsy. He is entirely dependent on others for personal care and feeding, although he is able to finger feed certain foods

In addition to the cognitive difficulties that Alfonso experiences, he also has significant behavioural problems. His learning disability is complex and he has autistic-like behaviours which are challenging. He will repeatedly ask questions.  He is obsessional about certain objects and activities. He can become very upset by change. His behavioural regulation and emotional control are significantly compromised

In spite of all these problems we were able to move the family into rental accommodation so a care package could be put in place and quantify the claim within a year of being instructed and a settlement of over £9,000,000 (capitalised on a 100% basis) has now been agreed. This will enable Alfonso to have 24/7 care, purchase a suitable home and benefit from the aids and equipment he will require for the rest of his life.

At the end of the case, Alfonso’s mother, Debbie, commented:

"I approached Fieldfisher after my son’s clinical negligence claim was settled on a 50% liability basis by the previous firm. Feeling disappointed with the 50% result, I needed to be sure that the compensation my son received would really make a difference to his quality of life, and future opportunities. I’m extremely pleased that my son’s claim was allocated to Mark Bowman. His attention to detail and extraordinary efficiency gave me reassurance that my son had the best chance possible of receiving the compensation he deserved.

"Mark has genuine respect not only for my son, but for our needs as a family, which are inevitably very complex, and without fail he ensured our needs were at the centre of every decision, assessment and meeting. I never felt as though there were things I didn’t know I didn’t know, and I never had to ‘chase things up’. It was refreshing to deal with Mark; he was unpretentious and straightforward, which meant I always understood what was happening without having to read between the lines and I would confidently recommend Mark to any family who find themselves in the position we did 11 years ago. His commitment to what was the end phase of our litigation journey was unquestionable and I only wish we had instructed Fieldfisher from the outset!"

Contact us

For further information about cerebral palsy claims and medical negligence claims, please call Mark Bowman on 020 7861 4043 or email mark.bowman@fieldfisher.com.

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