Paul McNeil appeared before Mr
Justice Calvert Smith in an application for an interim payment to
cover the cost of purchasing a suitable property and providing 24
hour care to Benson Osunde.
Benson was born on 19 April 2002 at Guy’s & St Thomas’
Hospital. He suffers from cerebral palsy
which was caused by admitted obstetric
negligence. Benson’s injuries are very severe and he is totally
dependant on his family for care and support which he requires on a
24 hour basis.
The solicitors acting for the Guy’s & St Thomas’ Hospital,
having accepted blame for his cerebral palsy as a result of
medical negligence in November 2006,
refused to provide funds to enable Benson and his family to move to
appropriate accommodation and to provide suitable care.
The dispute was resolved after a hearing before Mr Justice
Calvert Smith who ordered that the Defendants do pay the sum of
£850,000 to cover these costs on or before 8 October 2007. The
Defendants had argued that Benson was asking for too much money,
notwithstanding their acceptance of Benson’s needs, including that
his present home was not suitable for him or his carers. Mr
Justice Calvert Smith awarded the whole sum asked for.
Speaking after the case, Paul McNeil said:
“I am very pleased for Benson and his
family. His needs are very great. The sooner he moves, the better
and more comfortable he will be. The strain of living in unsuitable
accommodation has put enormous pressure on his mother and the other
members of his family.”