£8 million settlement secured plus lifelong periodical payments for a minor with cerebral palsy following negligent birth management

The Claimant (referred to here as CD) was his mother’s first child. Early in the pregnancy, concerns were raised about a possible miscarriage. On 5 September 2007, when labour began, CD’s heart rate was significantly elevated, and his mother was admitted for monitoring.

In the early hours of 6 September 2007, a fetal scalp blood test was performed. The results prompted an urgent transfer to theatre for a caesarean section.

CD was born later that morning in a very poor condition. There were two loops of umbilical cord around his neck and a knot in the cord. He had been exposed to a prolonged period of chronic partial asphyxia and subsequently experienced hypoglycaemia shortly after birth.

CD alleged that, but for the failures in his management, he would have been born healthy and uninjured.

It was ultimately admitted that there were multiple failures in the care provided during labour and delivery, including that had CD been delivered by midnight, he would have avoided his injuries entirely.

Court proceedings were issued on 5 October 2011, and liability was settled at 100%, with judgment entered by order, dated 12 October 2011.

Quantum proceedings were later stayed (a court issued an order to temporarily “pause” proceedings) in 2015 and 2018 to allow time to assess if CD’s therapies were effective and whether his cognitive and behavioural difficulties would persist. During this period, CD continued to struggle with changes in routine, displayed significant behavioural challenges including physical aggression and property damage, and was unable to cope with the “forever home” initially intended for him.

Following a period of stabilisation, the quantum element of the case resumed. A directions order dated 22 September 2021 provided for expert evidence across a wide range of specialisms to include: Paediatric neurology; Neuropsychology; Occupational therapy; Care; Accommodation; Assistive technology; Deputyship; Paediatric Orthopaedics; Neuro‑ophthalmology.

The matter settled shortly before trial in January 2024, following extensive disputes between the parties on care needs, occupational therapy, and life expectancy.

CD has cerebral palsy with associated:

• Microcephaly;
• Developmental delay;
• Visual impairment;
• Language impairment;
• Intellectual disability;
• Autism;
• Significant behavioural issues;
• Epilepsy;
• Sensory processing disorder.

As he approaches adulthood, his behavioural difficulties have become increasingly pronounced. Although he has some mobility, he is not able to care for himself, will not be able to work, and lacks capacity to manage his property and affairs. He requires two experienced carers at all times, and will need lifelong support across all aspects of daily living.

The case concluded with a court‑approved settlement comprising of a lump‑sum payment of £8,250,000, and annual periodical payments of £380,000 for life, to age 80.

This award reflects the severity of CD’s lifelong disabilities, the extensive care he requires, and the significant impact on his independence, behaviour, and quality of life.

The settlement provides long‑term financial security to ensure CD receives the specialist care, therapies, and support he will require throughout his life. It also enables his family to plan for his future with confidence, knowing that his complex behavioural, cognitive, and physical needs will be met.