Richard Lodge acted for the Claimant, a child, in a cerebral palsy claim which was complicated by the occurrence of a perinatal stroke within the first 2 days of his life. It was the Claimant’s case that there were delays in delivering the Claimant, and as a result of those admitted delays, he was subjected to a hypoxic ischaemic event leading to brain damage.
Matters were then complicated by the occurrence of a perinatal stroke during the early neonatal period. The parties agreed that the stroke (a left middle cerebral artery infarct) was not caused by failings on the part of the Defendant. Judgment was entered for the Claimant on the basis that the Defendant was liable for injury and functional deficit that flowed from the hypoxic insult but not the perinatal stroke. The parties also agreed that a number of residual causation issues were to be dealt with in conjunction with quantifying the claim. These issues focused on how the Claimant would have presented in the “but for” scenario assuming he had only sustained the perinatal stroke but avoided the hypoxic ischaemic insult.
As a result of his injuries the Claimant is permanently handicapped by the effects of moderately severe dyskinetic quadriplegic cerebral palsy with a superimposed right hemiparesis. He has persisting abnormalities of tone, posture and movement that will affect him for the rest of his life. The Claimant can stand unaided, can roll and walk on his knees but is unable to walk independently. His cognitive abilities and functioning fall within the low to extremely low range.
The parties agreed terms of settlement following negotiation. The settlement consisted of a lump sum of £4,783,100 together with annual payments for care and case management (£100,000 per annum to age 19, and £230,000 per annum thereafter for life). The lump sum will enable the Claimant to purchase a suitable property capable of adaptation to cater for a 24 hour care team. The annual periodical payments will secure the Claimant’s future care needs so professional care can be funded for the remainder of his life.
Upon approving the settlement Mrs Justice Whipple stated that she was perfectly satisfied that the settlement was in the Claimant’s best interests, and that he had been expertly represented by his Counsel and Solicitor who are at the very top of their field. This case has been reported online by the BBC – click here to view the BBC report.