Advising with empathy and experience

£1,800,000+ and periodical payments for child's hypoxic brain injury.

Richard Wood and Helen Caulfield have recently concluded a claim brought on behalf of a child against an NHS Trust arising from negligence relating to the circumstances of his birth. The Claimant suffered a hypoxic brain injury in the period immediately before delivery. Medical experts identified that the Claimant should have been delivered by caesarian section because there was a breech presentation. However, delays prior to delivery rendered this impossible. Evidence indicated that if the Claimant had been born earlier by caesarian section then the brain injury would not have occurred. The case was contested by the Defendant Trust and resulted in a lengthy Trial at which the Claimant was successful. The Defendants sought to appeal the case but were initially denied permission to do so. The claim was eventually concluded by negotiation. The Claimant was awarded in excess of £1,800,000 by way of a lump sum but will also receive significant annual payments for life. Speaking of the claim, Richard Wood said, "The Defendants made no concessions in this case and it was necessary to ask the Court to consider the quality of medical care afforded to the mother and Claimant in the period immediately before birth. We were able to reach a negotiated settlement only after a lengthy Court hearing.  We are pleased that the settlement will ensure that the Claimant's  significant needs can be met, both now and in the future".