Paul McNeil applied to Mr Justice
Calvert Smith for an interim payment to cover the cost of
purchasing a suitable property and providing 24 hour care to
Benson.
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 dependent on
his family for care and support which he requires on a 24 hour
basis.
The solicitors acting for Guy’s and St Thomas’ Hospital accepted
that Benson contracted cerebral palsy as a result of medical negligence in November 2006. But they
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 pay £850,000 to cover
these costs on or before 8 October 2007.
The defendants argued that Benson was asking for too much
money, despite their acceptance of Benson's needs, including that
this present home was not suitable for him or his carers.
Mr Justice Calvert Smith awarded Benson the entire sum that was
sought. Since the hearing, Benson's parents have purchased a
house and it is presently being updated for Benson's
needs.
For further information or if you have a cerebral palsy claim please call Paul McNeil on
020 7861 4019 or email paul.mcneil@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.