Kingsley Napley secured a settlement equivalent to over £20,000,000 for a client who developed a severe form of cerebral palsy, learning disabilities and visual impairment due to negligent medical care prior to his birth.
The Case
Our client developed encephalitis very soon after he was born 15 years ago. It transpired that he had been infected with a virus during birth and as a result suffers from a severe triplegic form of cerebral palsy, significant learning difficulties and visual impairment.
Unfortunately our client’s mother had unknowingly become infected with the virus during unprotected sexual intercourse late on in her pregnancy. It was known to those treating her that our client’s father had this virus. We brought an action against two Hospital Trusts alleging that her gynaecologists and midwives had been negligent in not warning of the risks of transmission in pregnancy and in failing to advise on protective measures and delivery by caesarean section.
Both Trusts admitted some liability and we then turned our attention to the settlement amount which should be paid.
The quantum calculations and negotiations were highly complex, given that the valuation needed to cover a wide range of past and future costs including likely medical, care, accommodation and education costs, as well as potential loss of earnings and Court of Protection costs.
The Outcome
This was a tragic case where we were focussed on delivering the best possible outcome for our client and his family. Following extensive work a settlement was reached of an £8 million lump sum payment together with further significant annual payments for the remainder of the client’s life (periodical payments) which will go a long way towards ensuring a positive future.