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Our decision to go and speak to Paul McNeil about the events
surrounding our daughter Abigail's birth and whether we had a case
to pursue was, in hindsight, probably one of the best decisions we
have ever made. Without hesitation, we would highly recommend Paul
to anyone in a similar position.
From day one, Paul's passion was clearly obvious and his
desire to achieve the best possible outcome for Abigail was
unquestionable. Paul helped us remain focused throughout the
difficult times and was a constant source of reassurance during the
'legal merry-go-round'. I don't think we ever doubted for a minute
we would get the right result in the end and this was testament to
Paul.
Michelle and Rod Elliott,
Abigail's parents
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Abigail's Story
Michelle was due her first child on 18
December 2003. She was taken into hospital and labour was induced
on 27 December. Abigail was born at 01.18 the next morning. During
the labour Abigail was deprived of oxygen and this resulted in her
developing cerebral palsy, global developmental delay and
epilepsy.
Michelle instructed Paul McNeil to
take a claim against Colchester General Hospital. The hospital’s
own inquiry found evidence of sloppy care. Since negligence was not
admitted, we obtained independent advice and asserted that, during
the labour, the fetal heart monitor was not interpreted correctly.
We asserted that a fetal blood sample should have been taken,
Michelle’s waters should have been broken, and, if necessary, a
caesarean section should have been carried out. Abigail would have
been born without disability had these steps been taken.
Well after proceedings had commenced, the defendant finally
admitted that Abigail should have been delivered at least 30
minutes earlier and that her injuries occurred in this period. With
proper care Abigail would not have suffered any injury.
Abigail needs constant care as a result of her cerebral palsy.
The claim was settled in July 2009 for a lump sum of £2.8 million.
In addition, the following annual payments were agreed: £106,000 to
age ten, £146,000 to age 16, £177,000 to age 19 and £209,000 from
age 19 for the rest of her life. These sums will ensure that
Abigail will be cared for and her potential will be fully met.
At the end of the case, Abigail's parents said "We are, and
always will be, forever grateful to Paul and Field Fisher
Waterhouse for what they have done for us as a
family".
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.