Charitable legacy challenges – preventing successful claims when wills include charitable bequests
We acted for a child who suffered a severe brain injury at the time of his birth.
L, who is now 8 years old, suffered a severe hypoxic brain injury at the time of his birth. This injury was sustained as result of the hospital staff not monitoring his mother’s labour sufficiently. If the labour had been properly monitored, L would have been delivered earlier. Instead, L was delivered late, by emergency caesarean section, after his mother’s uterus ruptured.
The delay impaired the flow of oxygen to the L’s brain. As a result, L now suffers from quadriplegic cerebral palsy with dystonia and spasticity. He is a happy child but he has very limited mobility, limited head control and severe cognitive impairment. His level of functioning is unlikely to improve significantly. He is and will remain totally dependent on others for all his day to day and care needs.
The claim settled for a lump sum payment of £4,000,000 plus annual payments for the rest of L’s life to pay for his care regime. This equates to a total claim considerably in excess of £7million.
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