Fieldfisher advises on a seven figure settlement against Walsall Hospitals NHS Trust
Walsall Hospitals NHS Trust has agreed a seven figure settlement for a young boy left with permanent brain damage following a failure to treat low blood sugars at birth.
The Walsall Hospitals NHS Trust have admitted liability for causing A's injuries and following an Approval Hearing at the High Court today have agreed to pay DRC the following sums:
- A lump sum payment of £1,450,000
- Annual period payments index linked for care and case management, therapies, holidays and loss of earnings, broken down as follows:
- 97,000 to age sixteen
- £129,000 to age twenty
- £147,500 to age twenty-one
- £172,500 per annum age sixty eight
- £154,000 per annum thereafter for the rest his life
He has a long life expectancy to age 81.
At the heart of this case was the extent to which DRC will always need a carer and will never be able to live an independent life. His long life expectancy means that his parents are likely to predecease him and the imperative was to ensure that his care, therapy and accommodation needs were dealt with and secured for his future independently of them. The settlement will allow him to purchase the home, care and therapies and equipment that are required to meet his needs.
His monies will be managed through a Court of Protection Deputy.
Following the ground-breaking Court of Appeal decision in JXMX v Gravesend Hospitals NHS Trust, the Court also ordered that the name and any identifying features of DRC would be anonymised so that whilst this case can be reported any identifying features of DRC or of his mother, DCC, may not be reported.
The family are delighted that the settlement has been achieved and that their son will now be secure in his own home with carers of his choice, and attending a school of his choice, as long as he needs it.
Caron Heyes, solicitor for the family said "Because nothing can turn back the clock to before DRC was injured by the defendant's negligence, this settlement will always be tempered with great sadness for all involved with DRC and his family in bringing this claim. That said, I am so pleased to have been able to help him and his family achieve this level of security and assistance through making this claim"
For further information please contact Ibrahim Kamara 020 7861 4120 or Caron Heyes, Senior Associate on 020 7861 4062.