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The Criminal Injuries Compensation Authority (CICA) awarded over £5.5 million after a young boy (X) was abused as a baby by his birth parents.
At just a few weeks old, X was subjected to non-accidental physical abuse by his birth parents, resulting in him suffering severe brain damage, a burn behind one ear and two fractured legs. X was placed on the child protection register and was placed with his adoptive parents. As this was an assault, a claim was made to the CICA, a government scheme to compensate victims of crimes such as this.
Over the initial 18 year period the family were provided with interim payments of just £22,000. The progress that X had made under the care of his adoptive mother was impressive, especially in view of the contents of an MRI brain scan which revealed that 75% of the right side of the brain had been damaged. Although X has developed many life skills that have confounded the medical experts, he still has behavioural problems.
Reports were obtained from a number of experts who all agreed that as a result of the care provided by X's adoptive mother X had made amazing progress over the previous 20 years. As a result of the severity of the injuries sustained however, there was unlikely to be any further progress, and therefore X would never be able to live independently. As a result a further interim payment of £1,000,000 was obtained.
X's adoptive mother, instructed Jill Greenfield and Mark Bowman, personal injury lawyers at law firm Field Fisher Waterhouse, in a claim against the CICA. At the time of instruction in 2010, the family were reliant on DSS benefits, the home environment was unsuitable and the family were struggling significantly to deal with his behaviour. Upon instruction Fieldfisher were able to obtain an immediate interim payment of £50,000, rent more suitable accommodation for the family to live in, employ a case manager, employ carers and obtain a full medical evaluation as to X's future needs.
At a CICA hearing in July 2012, Fieldfisher secured £5.5 million to ensure that X has a suitable care regime for life, that he can live in appropriate accommodation, and that his finances are suitably managed to ensure that he is looked after for life.
Jill Greenfield said: “The money that has been awarded will ensure that X has a suitable care regime for life, that he can live in appropriate accommodation, and that his finances are suitably managed to ensure that he is looked after. This will also allow X's mother to become more independent of her now adult son."
X's adoptive mother said: “Fieldfisher not only helped us to get significant payment, but they also supported us throughout the process, and helped us find skilled brain injury professionals who have been able to make a difference to my son's life."
For further information, please contact
Louise Eckersley, PR Manager, Field Fisher Waterhouse LLP on 020 7861 4120