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Case Study

Cerebral palsy claim: Nearly £12 million for Manchester boy following mistake at Royal Victoria Infirmary, Newcastle

ASF was born in a very poor condition at the Royal Victoria Infirmary in Newcastle-upon-Tyne. He was starved of oxygen immediately before he was born due to admitted negligence.

At 13 months-old, it was clear that ASF was not meeting his developmental milestones and at 25 months, he was diagnosed with mild bilateral, dystonic, athetoid cerebral palsy. His cognitive abilities remain largely intact and it is predicted that he will do extremely well in his public examinations.

Having instructed another law firm in London, which failed to progress the case, the family transferred the case to Paul McNeil. The Trust had admitted its mistake and judgement had been entered for liability. ASF was 12 years-old at the time Paul was instructed.

Valuing ASF's claim was challenging since many of ASF's physical and cognitive injuries are subtle, even though he is severely compromised. Physically, he is mobile indoors and able to care for himself independently, but requires a wheelchair for any significant outdoor travel. ASF has good insight into his physical difficulties and presents as a bright and curious person.

ASF's difficulties are complex and he needs specialist support to manage daily activity and to achieve his maximum potential. He has high expectations of himself and as such is vulnerable to experience psychological symptoms in the future. He also sometimes finds social situations difficult.

Paul McNeil ensured ASF's ambitions and wishes were taken into consideration when valuing the claim. At school it is important for him to have high level support including a teaching assistant/scribe and a buddy to help manage his time.

Given the competitive nature of the employment market and notwithstanding his cognitive abilities, it is unlikely ASF will be able to undertake paid work in the future. It will be important for him to have assistance during to ensure he has can live with meaning and purpose. The compensation will fund physical activities for the rest of his life and a buddy to help him arrange and participate in these activities.

ASF suffers from epilepsy, currently controlled by medication. There was a small risk this could become uncontrolled in the future. Paul McNeil was able to negotiate a Provisional Damages settlement, so that if ASF develops uncontrolled epilepsy in the future, he can return to the Court to seek further damages from the Trust.

After the case, Paul McNeil said: "It was a delight to act for such a curious and ambitious teenager who has huge potential. I am sure that the funding and security provided by the settlement will enhance his life and I wish him and his family all the best."

Contact us

For further information about cerebral palsy claims and birth injury claims, please call Paul McNeil on 020 7861 4019 or email paul.mcneil@fieldfisher.com.

Alternatively

All enquiries are completely free of charge and we will investigate all funding options for you including no win no fee. Find out more about no win no fee claims.

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