Posted by Paul Rumley, Partner
£6.6 million compensation for injuries due to negligent delay in delivery
Royds Withy King’s Paul Rumley and Hannah Blackwell recently acted for a 9 year old boy, in a claim for damages for severe injuries suffered around the time of his birth.
The team secured an admission from the Defendant that there was a negligent 20 minute delay in hour client’s delivery such that he suffered significant brain damage resulting in bilateral dystonic athetoid cerebral palsy. This resulted in our client having problems with muscle tone affecting all 4 limbs, needing to be fed by a gastrostomy tube, and having significant cognitive impairment such that he is never going to have the capacity to live independently or manage his own affairs. It was also estimated that our client had a reduced life expectancy to 39 years of age as a result of his injuries.
An interesting point in this case was that it was felt that our client could understand more than was apparent from his severely limited communication – a major part of the case was therefore to provide funding to improve our client’s ability to communicate, which in turn would improve his intellectual development and quality of everyday life.
A settlement was reached, one week before Trial was due to begin, in a capitalised sum of £6.6 million. This included the following payments:
– A lump sum of £2,675,000 to allow the purchase of a suitably adapted home and aids and equipment amongst other things.
– £157,000 per year for care until our client reaches 19 years of age.
– £201,800 per year for care every year from 19 years of age.
– £7,000 per year for the Deputyship costs for someone to help our client manage the compensation award.