Negotiated brain-injury settlement for negligence during birth at Queen Charlotte's and Chelsea Hospital
Will Jones settled a birth injury claim on behalf of a young boy who suffered brain damage during his birth at a hospital managed by Imperial College Healthcare trust in 2008. The child is anonymised by the courts.
We alleged on his behalf that a combination of hypoxic-ishaemic encephalopathy (lack of oxygen) and sub-cortical haemorrhagic lesions caused the brain damage that has left him with severe disabilities.
The negligent brain injury resulted from overuse of syntocinon during his mother's labour, a delay in the obstetrician attending the birth, followed by excessive pulls during the subsequent Ventouse delivery.
Once instructed, Will prepared a letter of claim after which the defendant trust admitted some breach of duty and accepted some degree of permanent brain damage was a result of the period of chronic partial hypoxic ischaemia.
The defendant argued however that only a very small amount of damage was caused by negligence, because the main contributor to the boy's injury was non-negligent hypoxic brain injury likely caused by a genetic condition, intra- uterine growth restriction and a congenital structural brain abnormality. The claimant was diagnosed with autism.
Subsequent negotiations between the parties therefore centred on whether the negligent contribution to the boy's injury was more than de minimis and, if so, whether the different causative elements could be divided.
At an initial round table meeting in 2022, the defendant made an offer of £1.75m which was rejected. A final offer of £3m was accepted.
The claimant's parents were also awarded £250,000 for all the past care and support provided.
The funds, managed by Fieldfisher's Court of Protection team, will enable the family to move into adapted accommodation to suit the boy's needs. He progresses well with support and is likely to achieve a degree of independence as he grows up and will potentially be able to take on some paid employment in the future.
Following settlement, the parents said: 'Will and team handled the case very well all the way through to settlement, providing great support and advice at every stage.'
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For further information about birth injury claims and medical negligence claims please call Will Jones on 0330 460 6822 or email will.jones@fieldfisher.com.
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