Delayed delivery at Countess of Chester Hospital causes brain injury and neurological hearing loss
This was the mother’s first pregnancy and it had progressed uneventfully. At 40 weeks and 3 days, the mother attended hospital as she was experiencing reduced fetal movements. Despite there being several warning signs that the baby was struggling, the Mother was discharged home. With competent care, the baby should have been delivered by caesarean section a week earlier than actually occurred.
Claire was asked to take over the case two years ago because the previous solicitors had instructed very few experts and were rushing towards settling the case in quantum quickly. This would have resulted in considerably less funds being available to properly meet the needs of the Client for life. Before she took over the case, the Trust had admitted liability for the child’s injuries.
Claire arranged for additional experts of different types to be involved in the team who were helping to value the case. The new team were able to show that the child/young adult needed educational help, and would always require paid care support for life. Claire ensured that the full extent of the brain damage was then properly taken into account in the valuation of the claim.
Lifelong psychological support, therapies and equipment to help with the hearing loss were found to be necessary. In turn this all meant that a claim for adapted accommodation was included, to meet the therapy and care needs caused by the injuries, even though the client was able-bodied. The previous solicitors had intended to settle the claim without including a claim for accommodation or for sufficient lifelong care and therapy to be provided.
Following full quantum investigation, Claire obtained a lump sum of damages of more than £4million, plus annual payments for life of £79,500 for care and the provision of a case manager to help manage this. The settlement included funds to provide accommodation to meet the needs of the client and their family, as well as sufficient funds to pay for the necessary care and therapies.
Because the claimant is able-bodied but vulnerable and has cognitive difficulties, damages will be retained in the Court of Protection. As well as specialising in winning and fully valuing high value claims, Fieldfisher has developed a strong Court of Protection team which can provide the support necessary for clients who require a Deputy to be appointed to manage their financial affairs on their behalf in the Court of Protection.
Contact us
For further information about birth injury claims and clinical negligence claims, please call Claire Horton on 03304606748 or email Claire.Horton@fieldfisher.com.
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