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£8.6 million compensation for cerebral palsy caused by delayed delivery

Posted by , Partner

Kerstin Kubiak represented a 24 year old female client in her claim for compensation for the severe brain injuries she suffered as a result of negligence around the time of her delivery. The allegations were that the hospital was negligent in its use of Prostin during her mother’s labour which caused excessive contractions and in turn caused our client to suffer lack of oxygen. There was then a delay in identifying that our client was in distress during labour as a result of the excessive contractions and therefore a delay in delivering her by emergency caesarean section. Had she been delivered about 20 minutes earlier than she was then she would have avoided all injury.

Our client was subsequently diagnosed with choreo-athetoid cerebral palsy affecting all four limbs. She had severe motor disability, as well as severe speech and communication problems.  She was assessed as being unlikely to obtain remunerative employment as a result of her severe disabilities, and lacking capacity to manage her financial affairs.

A full admission of liability was made by the Defendant at an early stage in the case, accepting that our client’s disabilities were caused by their negligent mismanagement of her mother’s labour. This early admission meant that our client could receive interim payments on account of her final compensation, to enable her to have the assistance of a private Case Manager, private 24-hour care regime, adapted accommodation, therapies and equipment, while her final compensation was being assessed.

A settlement was reached out of Court for a capitalised sum of £8.6 million, which included the following payments:

  • A lump sum of £3,250,000;
  • £130,345 per year for care, for the rest of our client’s life;
  • £32,000 per year for therapies and the costs of a professional Deputy to manage her financial affairs, for the rest of our client’s life;
  • £22,000 per year for the loss of earnings suffered by our client, until our client reaches 68 years of age.

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