Substantial damages recovered for brain-damaged youth | Fieldfisher
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Case Study

Substantial damages recovered for brain-damaged youth

Richard Earle has recovered a substantial sum in compensation on behalf of ME, who sustained serious brain damage after contracting herpes at the age of six.

In 1997, ME suffered a prolonged convulsion, and was taken in an ambulance to the A&E department of the Royal London Hospital.

Herpes Simplex Encephalitis (HSE) should have been suspected, and aciclovir (an antiviral drug) should have been administered immediately.

However the drug was not given to ME until over 30 hours later. 

As a result of this delay, ME sustained serious brain damage. He is now 17, and as a result of the brain damage he suffers daily epileptic attacks and severe learning difficulties, as well as serious attention and behavioural problems. 

ME’s mother, SC, brought the case against Barts & the London NHS Trust on his behalf in the High Court. She instructed Richard Earle to pursue the accident and emergency claim against the hospital.

Following this long legal battle, Richard recovered substantial damages. This includes provision for periodical (annual) payments to be made for the rest of ME’s life to cover his care and accommodation needs.   

ME's mother said:

"I was determined to press on and seek justice for ME. I am very pleased at the level of compensation which will make a huge difference to ME’s life."

Richard Earle said:

"I am absolutely delighted that substantial damages have been recovered on ME’s behalf, in what was an extremely complex case on the medical evidence where both ME’s lawyers and medical team had worked extremely hard to overcome the Defendant’s arguments on causation. This will improve the quality of ME’s life and provide protection for the future."

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