Posted by Kerstin Scheel, Partner
£8.7 million compensation for 20 year old man affected by cerebral palsy and epilepsy in a claim against NHS West Midlands
Kerstin Scheel, Partner specialising in birth injury claims at Royds Withy King, acted for a 20 year old man, J, who suffered from a shortage of oxygen at the time of his birth at Nuneaton Maternity Hospital.
During J’s mother’s labour, the hospital medical staff did not notice that his heart rate was dropping before he was born. A doctor should have been called and J should have been delivered earlier with forceps. However, when J was eventually born, he was no longer breathing and had to be resuscitated. The Defendant admitted that J should have been delivered more quickly and, with adequate care, would have avoided his brain injury.
J suffered brain damage as a result of the shortage of oxygen at the time of his birth. He is now affected by cerebral palsy and epilepsy and is confined to using a wheelchair both indoors and outdoors.
J currently requires a permanent carer and from the age of 50 years old, it is anticipated that he will need two permanent carers to look after him properly. In addition to a lump sum payment of £3.5m, J will receive £120,000 per year to pay for his care and this will increase to £230,000 per year when J reaches 50 years old.
J’s compensation will allow him to buy a home and adapt it especially for his needs. It will enable him to access the best possible therapy and treatment. The compensation has been calculated to ensure that all those additional costs associated with being differently-abled are catered for including the costs of holidays and travel.