The Windrush Compensation Scheme – is it enough?
Punam Sood acted for M and his family in this acquired brain injury claim.
M was born with a heart defect which meant he was a cardiac patient at the Defendant Hospital for a number of years to monitor his condition. M was booked for planned heart surgery at age 13. Before surgery he had a number of tests, one of which showed that the surgery should not be performed as planned because M had a tiny hole in his heart. Sadly, nobody looked at the test result and the surgery went ahead. During surgery air passed from the hole to the brain causing brain damage. As a result of this, M was left with devastating brain injury.
The hospital admitted the care they provided M was not appropriate and so the next steps for Punam, as M’s solicitor, were to consider what it would cost to meet M’s needs over his lifetime.
Experts were instructed in areas such as physiotherapy, care, accommodation as well as cardiology to assess what M would need to ensure he was looked after and his parents had enough help with carers at home. Punam assisted the family with moving to a new area and instructed an Education Law specialist to help M get a much needed Statement of Special Educational Needs.
The case was due to go to trial in January 2013 because there was no agreement about what compensation M should receive. Also M’s pre-existing heart condition meant that M was always going to need some support. However, a month before trial the Parties negotiated settlement of the case. The settlement is an excellent result for M and his family. M’s family know that he will always have access to the therapies and care that he requires to help him reach his best potential in a safe and encouraging environment.
M does not have capacity to manage his finances and needs a Deputy to manage his settlement.
The Kingsley Napley Court of Protection team acts for M and his family.
They (the lawyers) are fantastic people who do a hard job but are so great at it, people like these can really make a difference to somebody’s life.
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