Kevin was born on 19 May 1983 and suffered brain damage
prior to and during his delivery. As a result he suffers from mixed
dyskinetic and athetoid cerebral palsy.
During labour, Kevin’s mother was left alone and without proper
monitoring for long periods. The hospital staff failed to recognise
an abnormal CTG trace and that Kevin’s mother was likely to be
suffering a placental abruption, which caused her to go into
premature labour.
Following the placental abruption and the delayed
delivery, Kevin suffered a short period of hypoxia immediately
before his birth.
During the intervening years, the hospital lost the CTG trace.
Our experts reconstructed the labour on the basis of the notes and
the recollection of Kevin’s mother.
The pregnancy was already high risk because of the mother’s age
of 39 and as Kevin was in breech position.
The defendants denied liability. They asserted that Kevin was
properly monitored and that his injury occurred purely as a result
of the placental abruption and hypoxia, both of which were
unavoidable.
The case was difficult and likely to turn, depending on which of
the obstetric expert’s evidence (claimant’s or defendant’s) the
Court preferred.
Kevin’s case was fixed for trial on 29 January 2007, with a time
estimate of 10 days. Kevin, now aged 23, took a keen interest in
his proceedings (as much of his cognitive function remained
intact).
Richard Earle instituted ‘without
prejudice’ discussions on 6 October 2006. Damages of a lump sum of
£1 million, along with annual periodical payments of £54,350
(linked to inflation) were eventually agreed.
The compensation will be managed by the Court of Protection on
Kevin’s behalf who pursued the claim with the benefit of public funding.
Although it was recognised that the terms of the settlement
would not be sufficient to provide Kevin with an ideal level of
care, it nevertheless provided him with assets so that he would
enjoy a marked improvement in the quality of his life. The
settlement will enable Kevin to move from residential care
which is very much his wish. He is hoping to purchase his own
property and live independently.
For further information or if you have a cerebral palsy claim, call Richard Earle on
020 7861 4041 or email richard.earle@ffw.com
You can discuss your cerebral palsy
claim with any member of our medical
negligence team on
freephone 0800 358 3848, email personalinjury@ffw.com or
complete our short enquiry form.