Brain injury claim: £7.5 million for future education fees | Fieldfisher
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Case Study

Brain injury claim: £7.5 million for future education fees

Fieldfishter recovered damages for Lara who sustained a brain injury during her birth. When she was born, Lara had no heartbeat and was not breathing.

The resuscitation process was carried out inadequately and Lara did not take her first breath for 13 minutes.

The inadequate care led to oxygen deprivation, which caused Lara catastrophic brain damage.

Lara has cerebral palsy which was caused by both the delay in her delivery and the delay in resuscitation

Lara will never be able to live an independent life and will require physical, speech and psychological therapies, along with a specially adapted home. She will never be able to work

We negotiated a settlement of £7.3 million (inclusive of interim sum, lump sum and periodical payments) to provide for the care, schooling and treatment that Lara will require throughout her life. The case was funded by legal aid.

At the time of settlement, there was some uncertainty about Lara’s claim for education costs and we reserved the right to go back to the defendant in due course.

The educational psychologist involved in the case had advised that the local education authority would probably continue to fund Lara’s school fees in the future.

However, it was unlikely that they would pay for her to board at school or for her to attend college between the ages of about 18-21, and a further £200,000 compensation was paid for this.

This was endorsed by the Court of Protection as an appropriate award. Accordingly, the final settlement was £7.5 million.

After the case Lara’s parents said:

"We shall always think of our lawyer as our daughter’s ‘fairy godmother’ as she was simply brilliant. Our daughter now attends a fantastic school, which is enhancing her potential and making a real difference. This would just not have been possible without Edwina’s help and we are eternally grateful.

"Our daughter now attends a fantastic school which is enhancing her potential and making a real difference."

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