£4.4 million settlement secured plus lifelong periodical payments for child with quadriplegic cerebral palsy following negligent delay in delivery

Our client (referred to here as MCS) was born in 2000 and is a dizygotic twin. During the pregnancy, serial ultrasound scans undertaken by the Defendant Trust identified that MCS was suffering from intrauterine growth retardation.

At 33 weeks’ gestation, on the afternoon prior to delivery, CTG monitoring demonstrated increasing fetal distress. Despite this clear evidence of fetal distress, clinicians failed to proceed promptly to deliver the twins. Instead, there was a prolonged period of indecision. It was not until 16:45 that the decision was finally made to perform an emergency caesarean section.

At 19:04, MCS’s twin was delivered, with MCS following two minutes later. By this time, MCS had suffered a significant period of asphyxia, resulting in severe and permanent brain damage.

As a result of the delay in delivery, MCS sustained:

• Spastic quadriplegic cerebral palsy;
• Severe developmental delay;
• Hearing impairment;
• Visual difficulties;
• Epilepsy, with seizures that remain poorly controlled;
• Profound cognitive impairment.

MCS is entirely dependent on others for all aspects of daily living. He requires:

• Full assistance with feeding, washing, dressing, and toileting;
• Complete support for movement, positioning, and transfers;
• Continuous supervision and care throughout the day and night;
• Specialist equipment, adapted accommodation, and ongoing therapies.

MCS does not have the ability to control mobility, will not acquire sphincter control, and will not be able to work, live independently, or manage his own affairs. His life expectancy is significantly reduced, with agreement between experts that he is likely to live to 42.7 years.

In February 2013, MCS (through his father and Litigation Friend) brought a claim against the Defendant Trust, alleging negligent delay in effecting delivery despite clear evidence of fetal distress.

Liability was strongly contested. After extensive litigation, liability was compromised in October 2014, with judgment entered for 85% of full damages, to be assessed.

Over the following three years, both parties obtained extensive quantum evidence. A 14‑day quantum trial was listed for November 2017. However, 11 days before trial, following prolonged negotiations, the case settled.

The case concluded with an approved settlement comprising a £4,400,000 lump‑sum payment, inclusive of interim payments and CRU, together with substantial periodical payments to ensure that MCS’s lifelong care needs are met.

These annual payments were set at £200,000 per year until the age of 19, rising to £230,000 per year thereafter for the remainder of his life.

This settlement reflects the severity and permanence of MCS’s injuries, the extensive care he requires, and the significant impact on every aspect of his daily functioning and future independence.

The settlement provides long‑term financial security, enabling MCS to receive the continuous professional care he requires. It also ensures that his family can access the specialist support, equipment, and housing adaptations essential to maintaining his comfort, safety, and quality of life.