Posted by Simon Elliman, Partner
Over £6m in compensation for a boy who suffered brain damage due to negligence
While one legal firm may tell you that your claim is unlikely to succeed, it is worth seeking a second opinion, as this case demonstrates. Our client was awarded a very high compensation sum when Royds Withy King persevered with his case after another firm did not believe it could be won.
O, who was six at the time when his claim was settled, suffered brain damage due to oxygen starvation during labour. The hospital staff failed to properly monitor the fetal heartbeat during labour and did not deliver the baby O promptly, failing to avoid or at least minimise his brain injury.
As a result of the negligence of the hospital O has severe cerebral palsy and will require 24 hour care for the remainder of his life.
O’s parents instructed a firm of solicitors who obtained medical evidence and advised the family that O’s case was unlikely to succeed. Unconvinced by this opinion, O’s family decided to seek a second opinion and instructed partner Simon Elliman who took the case over – and settled it, securing a better quality of life for O.
Simon obtained an admission of liability from the Defendant Hospital Trust and secured a settlement, which consisted of a lump sum payment of £2.6million together with yearly payment of £125,000 increasing to £155,000 at age 11 and increasing again to £240,000 at age 19.
This very substantial award of damages meant a lot to O’s family: they were able to purchase and adapt a suitable house for him, including accommodation for his carers. The award will also make sure that all of O’s care needs will be met for the remainder of his life.
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