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Bethany Hall
Sharon Burkill recently settled a long running clinical negligence claim relating to a brain injury suffered by a five-month-old baby. Kingsley Napley were originally acting for the child through her litigation friend. However, she tragically died when she was a teenager, because of the negligence, and the claim was then advanced by her mother on behalf of her estate and under the Fatal Accidents Act 1976.
The deceased, who was born with Down's Syndrome, suffered from a bowel condition in her early infancy. As a result of a failure to properly investigate this she developed a perforated bowel, peritonitis, septic shock, hypotension, and respiratory failure. This in turn caused a permanent brain injury.
Instead of growing up as a child with Down's Syndrome who would have needed moderate support, the deceased developed severe learning disabilities, became cortically blind, suffered significant motor impairment, and developed intractable epilepsy. She was unable to walk or talk and required intensive care that went far beyond what would have been necessary, had the negligence not occurred.
Throughout her life, she needed substantial additional care, therapeutic interventions, specialised equipment, and enhanced educational and psychological support. Every aspect of her daily living was affected by the injuries she sustained.
Tragically, the deceased's epilepsy became increasingly difficult to manage as she grew older and ultimately led to her premature death.
This case presented significant procedural challenges. During the lifetime, proceedings had been stayed due to uncertainty about the long-term prognosis and future living arrangements after age 18. Significant interim payments were therefore made during her lifetime.
Following her death, the legal landscape shifted considerably. Our client, as Administrator of her daughter's estate, brought the claim under the Law Reform (Miscellaneous Provisions) Act 1934 and the Fatal Accidents Act 1976. The Official Solicitor, who had been appointed during the deceased's lifetime, needed to be discharged from the proceedings. Additionally, the local County Council, which had been joined as a party due to their involvement in the deceased's care, required removal from the action as their role fell away upon her death.
We assembled comprehensive expert evidence across multiple disciplines to demonstrate the full extent of the losses suffered. This included experts in paediatric neurology, educational psychology, occupational therapy, ophthalmology, speech and language therapy, physiotherapy, accommodation needs, and assistive technology.
Amended Particulars of Claim were served to reflect the changed nature of the action following the deceased's death. Significantly, the Defendant's amended Defence admitted that the original negligence had caused the epilepsy and, ultimately, the death.
The Defendant contested the valuation of past care costs, and the case was heading towards a quantum trial. Sharon negotiated a settlement of £1,350,000 three months prior to trial. The settlement reflected the considerable care, case management, therapies and aids that the deceased required during her lifetime. The claim also included general damages for the deceased’s significant suffering, as well as a bereavement award.