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Case Study

Takeover birth injury case for twin settles for £28.5m

Iona Meeres-Young, assisted by Emma Kendall, settled a birth injury claim on behalf of a young twin girl left with cerebral palsy following negligent delays in delivering her at birth at the Lister Hospital in Hertfordshire. Previous solicitors originally instructed by the family accepted compromised liability in the claim at 50 percent.

Mindy was grievously injured during the course of her mother’s labour at the Lister Hospital.

There were alleged delays in her delivery resulting in a hypoxic brain injury. This led to a complex constellation of conditions. Mindy suffers cerebral visual impairment,  learning difficulties with an uneven/spikey learning profile, a degree of ataxic cerebral palsy causing motor difficulties, Autistic Spectrum Disorder, Attention Deficit Hyperactivity Disorder, behavioural problems and anxiety.

Despite her injuries, Mindy is a delightful, happy and engaging young girl who hugely enjoys being with her family, teachers and friends.  Sadly, she is very vulnerable, will never work and will always require care and supervision during the day and night. She will never gain capacity to manage her financial affairs and she will require a range of therapeutic interventions throughout her life.

Mindy's family instructed Iona to takeover the case after concerns that the quantum investigations were progressing too slowly and that the litigation team were not supporting Mindy's Professional Trustee (at the time) to administer the interim damages in a sensible way.  Iona and Emma instructed ten experts and produced a schedule of loss and settled the claim within two years of instruction.

The Court approved 50 per cent of the following:  

  • Lump sum £9,745,262
  • annual periodical payment of £210,000 to the age of 19
  • annual periodical payment of £240,000 from age 19 for life 

In addition to her therapy and care, Mindy will be able to buy a property to accommodate her carers, therapy regime and family. The structure of the settlement means that the compensation will never run out and Mindy will always have the support she needs.

Anna Bond in the Court of Protection team is retained as Mindy's Professional Deputy. She will oversee the management of Mindy's financial affairs.
 
Read about our successful birth injury claims and hear from clients.

Contact us

For further information about twin birth injury claims, please call Iona Meeres-Young on 0330 460 6769 or email iona.meeres-young@fieldfisher.com, or call Emma Kendall on 0330 460 6755 or email emma.kendall@fieldfisher.com.

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Twin Birth Injury Claims