We recovered damages for Lara who sustained a brain injury
during her birth. When she was born, Lara had no heartbeat and was
not breathing.
The resuscitation process was carried out inadequately and Lara
did not take her first breath for 13 minutes.
The botched care led to oxygen deprivation, which caused Lara
catastrophic brain damage.
Lara has cerebral palsy which was
caused by both the delay in her delivery and the delay in
resuscitation.
Lara will never be able to live an independent life and will
require physical, speech and psychological therapies, along with a
specially adapted home. She will never be able to work.
Edwina Rawson negotiated a settlement
of £7.3 million (inclusive of interim sum, lump sum and periodical
payments) to provide for the care, schooling and treatment that
Lara will require throughout her life. The case was funded by legal
aid.
At the time of settlement, there was
some uncertainty about Lara's claim for education costs and we
reserved the right to go back to the defendant in due
course.
The educational psychiatrist
involved in the case had advised that the local education authority
would probably continue to fund Lara's school fees in the
future.
However, it was unlikely that they
would pay for her to board at school or for her to attend college
between the ages of about 18-21, and a further £200,000
compensation was paid for this.
This was endorsed by the Court of
Protection as an appropriate award. Accordingly, the final
settlement was £7.5 million.
After the case Lara's parents
said:
"We are so very grateful to Edwina
and the team for working so hard with us in securing a substantial
award for our daughter. It has changed her life, providing support
for her future needs, and has given us hope where previously there
was very little.
"We shall always think of Edwina as
our daughter's 'fairy godmother' as she was simply brilliant. Our
daughter now attends a fantastic school, which is enhancing her
potential and making a real difference. This would just not have
been possible without Edwina's help and we are eternally
grateful".