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Enhancing Public Accountability: Key Elements of the Public Office (Accountability) Bill 2025
Kirsty Cook
Richard Lodge has settled a very significant claim for a child (OTN) of 11 years of age, who suffered a catastrophic brain injury around the time of his birth, following alleged failures by Lewisham Hospital. As a result, he suffers from spastic cerebral palsy.
The case had two parts. Firstly, it was argued that there was a failure properly to manage the pregnancy of OTN’s mother, who suffered from a rare endocrine condition. This included a failure to involve a specialist (an endocrinologist) with her antenatal care. It was alleged that had this happened, it would have led to closer monitoring of OTN’s size and weight, resulting in a decision that he be delivered before 40 weeks gestation. It was argued that this would have avoided the brain injury.
However, OTN suffered a period of chronic partial hypoxic ischemia (oxygen deprivation) in the period leading up to and around his birth at 40 weeks and 4 days gestation, causing his injuries.
The second part of the case involved an argument that there was a negligent delay in OTN being delivered once his mother had been admitted to hospital, and that he should have been born 90 minutes earlier. It was alleged that it was this delay that caused or ‘materially contributed’ to OTN’s brain injury.
The hospital Trust denied that the pregnancy would have been managed in a different way had an endocrinologist been involved. It relied, in part, on the fact that there were no national or local guidelines at that time for the management of the particular condition during pregnancy. However, the Trust made a limited admission that OTN should have been born 35 minutes earlier, but argued that this would not have changed the outcome. Nor would delivery 90 minutes earlier as argued by OTN’s experts. In response to this, we argued that even the admitted 35-minute period of delay was damaging.
Agreement was reached with the hospital Trust in 2022 that they would accept a 50 percent liability for the injuries. This was a good outcome given the finely drawn arguments and complexities involved.
The case then turned on valuing OTN’s current and future needs. The valuation of his needs flowing from his brain injury involved obtaining evidence from experts in paediatric neurology, educational psychology, care, occupational therapy, physiotherapy, speech and language therapy, accommodation and Court of Protection / Professional Deputyship.
OTN has restricted movement. He can sit up and can crawl but cannot walk unaided and uses a wheelchair. He has very little recognisable speech. He will never be able to live independently without 24-hour care or be able to obtain employment. OTN has some behavioural problems which expert evidence found would require two carers in the daytime from puberty onwards. He requires constant supervision and stimulation and has a reduced life expectancy.
We argued that the case was worth just under £33,000,000, based on its full value, and just under £16,500,000 given the agreement that the hospital Trust would pay 50 percent.
A settlement was reached at a capitalised value of £15,289,354. This represented an excellent outcome to cater for the Claimant’s future needs. The settlement was structured by way of one lump sum payment upon settlement followed by periodical payments – annual sums for the remainder of OTN’s life.
More information can be found about Cerebral Palsy Claims on our webpage here.
