Wake Smith secures a £12m settlement for child left with brain injury shortly after birth

Wake Smith Solicitors 04 April 2019

Terry Regan, Head of Wake Smith’s Clinical Negligence Department, looks through an emotional, complex, long standing case which has now been concluded.

Terry said: “The case surrounded a child born at Sheffield Teaching Hospitals more than 10 years ago. Approximately 4 weeks before birth his mother was tested for infection. She was told that the hospital would contact her or her GP if there was anything to worry about. If she did not hear anything there was no cause for concern.

“The test revealed Group B streptococcus infection. Neither the child’s mother nor the GP was told of the result. No antibiotics were given prior to the birth.

“The child acquired the infection which was initially left untreated. He developed neonatal septicaemia and meningitis. As a result the child developed neurological impairment.

“The medical experts agreed that had antibiotics been given to the mother no infection would have occurred and the child would have avoided any injury.

“Wake Smith secured judgment on liability a number of years ago. The Court agreed that it would take several years before the full extent of the child’s problems were fully known. Only then could the Court determine what the future may hold.

“The child’s condition was complex. The list of problems was extensive including learning difficulties, very significant behavioural problems, speech and language issues, orthopaedic problems and deterioration of vision.

“The child had great difficulty in being able to sequence, plan and co-ordinate. The prospect of holding down any meaningful employment was virtually nil. The child is unlikely ever to have capacity.

“We put in place specialist support in all areas of difficulties. This was monitored over many years, and proved effective. As a result of this input there were improvements in the child’s ability to interact, and to hold down a place in mainstream school.

“The support was extensive incorporating many treating therapists overseen by a clinical case manager. We agreed with the Hospital Trust for payments to be made by them cover the cost of this support over many years.

“Once the medical experts were able to give a prognosis of the child’s condition we set about mapping out the child’s lifelong needs. This is a major task not only because of the child’s complex condition but also because the child had normal life expectancy.

“The Trust accepted our invitation to a round table meeting once our case was formulated and costed. We agreed a lump sum figure for the child together with lifelong annual payments to pay for support workers and therapists. Taking the calculation to normal life expectancy this will total approximately £12 million.

“The Court approved this amount on behalf of the child. They also put in place an anonymity order.”

The case was dealt with throughout by Terry Regan. Colleague Andrew Vidler, Consultant in Wake Smith’s Private Client Department is the Court of Protection Deputy for the child.

Terry added:  “I have had the pleasure of getting to know an exceptional young person who has a very supportive family.

“The enormity of this type of case requires team work, within Wake Smith, the child’s barristers, the family and the large number of therapists and experts. This requires project managing and clear direction.

“The result of all of this effort is that it gets the child to a much better place and provides security for the child for the rest of their life. This, as you can expect, is also an enormous relief for the child’s dedicated parents. The child has been dealt a significant lifelong injury. The child can never do the normal day to day things that we take for granted. With the support paid for by the award, however, the child in question has a much better chance of at least being able to have some independence and a decent quality of life.”

If you have been a victim of medical negligence please contact Terry Regan at [email protected] or on 0114 224 2735.

Tags

Archive

October 20213September 20216August 20212July 202111June 20218May 20216April 20212March 20219February 20218January 20219December 20208November 202014October 20209September 20208August 20203July 20208June 202016May 202013April 20209March 202016February 20209January 202012December 20199November 20199October 201911September 20197August 20194July 20196May 20198April 20196March 20193February 20195January 20194December 20186November 20185October 20183September 20185August 20184July 20189June 20184May 201810April 20185March 20184February 20184January 20183December 20175November 20178October 20177September 20179August 20175July 20176June 201710May 20176April 20178March 201711February 20177January 201713December 20169November 20167October 201610September 201611August 20166July 20167June 20163May 20162April 20166March 20162February 20164January 20165December 20153November 20155October 20156September 20156August 20157July 20157June 20157May 20156April 201510March 20156February 201510January 20156December 20145November 20144October 20142September 20143May 20144March 20146February 20144January 20142December 20132November 20133September 20134July 20132June 20132May 20133April 20131March 20133February 20133January 20136December 20121November 20123October 20122August 20122July 20128June 20123April 20123March 20121January 20124December 20112November 20111October 20112September 20113August 20113July 20117June 20119May 20117April 20115March 20119February 20118January 20111December 20101October 20102September 20102August 20103July 20106June 20101May 20102April 20106March 20102February 20103January 20102December 20095November 20092October 20092September 20092August 20091July 20095June 20095May 20093April 20093March 20093February 20091January 20092November 20082October 20082September 20081August 20083July 20081January 20082

Featured Articles

Contact us