Cerebral Palsy Case Study
Medical Negligence lawyers Sahida Patel and Guy Pomphrey secure over £15 million pounds in compensation for a boy who sustained an irreversible brain injury as a result of his endotracheal tube becoming dislodged during a Hospital transfer.
James (name changed to protect confidentiality) was admitted to Hospital as a baby because he had developed bronchiolitis. He then needed to be transferred to another specialist Hospital unit. During the transfer a decision was made to intubate James with an endotracheal (breathing) tube. This tube then became dislodged. There was a delay in recognising this problem and re-intubating James which caused him to suffer a profound hypoxic ischemic brain injury.
The brain injury caused by oxygen starvation resulted in James suffering four limb dystonic dyskinetic cerebral palsy. James has a motor disorder with inability to walk, limited hand function and dystonic movements, particularly when he gets excited. He has an unsafe swallow and is gastrostomy fed for his nutrition. James has epilepsy and has been unable to acquire effective speech. He has severe learning difficulties and significant behavioural problems.
Our team of expert clinical negligence solicitors were instructed to investigate. We instructed medical experts who were supportive of James’ NHS negligence case. The Hospital Trust subsequently conceded that their negligent care with the endotracheal tube becoming dislodged had caused James’ serious brain injury. The Hospital Trust apologised to him and to his family for this mistake which has left James with lifelong significant physical and cognitive difficulties.
After liability had been admitted by the Hospital, our team of solicitors had to investigate the extent of James’ current and future disabilities and needs in order to assess how much compensation he should receive.
We took steps to commission expert medical evidence in the fields of (1) Paediatric Neurology, (2) Care and Case Management, (3) Clinical and Educational Psychology, (4) Physiotherapy, (5) Speech and Language Therapy, (6) Occupational Therapy, (7) Assistive Technology and (8) Accommodation. These experts advised us on James’ likely needs both now and in the future which enabled us, with input from James’ family, to quantify his case and to put forward a Schedule of Loss to the Hospital’s legal team.
There was then a period of negotiations between the two highly experienced legal teams. Following a meeting with the Hospital’s legal team we were able to resolve James’ case Out of Court for a settlement figure (on a capitalised basis) exceeding £15 million pounds. Some of this NHS compensation will be paid as a lump sum and some will be paid on an annual basis for James’ extensive daily care and case management costs for the rest of his life.
Comments from James’ family
Sahida and Guy from Minton Morrill Solicitors worked tirelessly on our case to get the best possible outcome for James. They were particularly sensitive when handling our case and we were kept informed throughout with regular updates and were helped through what I can only say is a minefield.
We are delighted with the outcome and all the work put in by all members of staff at Minton Morrill. This has made a massive difference to James and his family and we cannot thank them enough for the work they put into our case.
How we can help you
Our medical negligence solicitors are top ranked by the independent legal directories. We regularly investigate and settle complex Cerebral Palsy and Birth Injury NHS cases and have vast experience and knowledge in this area.
Read about why you should choose us to help you. Information about Cerebral Palsy and Birth Injuries is also available on our website but we always encourage anyone who needs information to call our friendly legal team directly.