A (matter subject to an Anonymity Order)

A’s mother collapsed whilst using an inflatable birthing pool and there were significant delays in providing oxygen, extracting her from the pool and delivering A. As a result of these delays, A developed a severe form of cerebral palsy affecting all 4 limbs. She has relatively preserved cognitive function on a background of severe motor and communication difficulties. She is unable to produce speech and experiences difficulty with aspects of eating and drinking. A requires assistance with all aspects of daily living.

Liability was heavily fought by the Defendant but eventually settled on a 90% basis meaning that A received 90% of the damages she would have been entitled to had she succeeded in full on liability. During the course of the litigation, there were 3 interim payment Applications in the RCJ, 2 of which were heavily contested. A was successful in all 3 Applications and was awarded total interim payments of £3.125 million. This facilitated the purchase and adaptation of a house, the implementation of a care regime and specialist therapeutic input as well as support with education and the purchase of specialist equipment.

During the course of the claim, it was apparent that technology would be a key factor in A’s life and should be utilised to increase her independence. It was also apparent that hydrotherapy was extremely beneficial to her and the cost of a home pool was included within the claim.

With the use of technology A made significant progress throughout her childhood and surpassed the predicted outcomes of the experts.

The claim settled three weeks before the quantum Trial was due to start for a gross figure of £26,777,777 (£24.1 million at 90%) which included a lump sum of £10,822,000 and stepped periodical payments in respect of care and case management for life.

This was a team effort by Tracy Norris-Evans, Rosie Hodgetts, Gillian Cox, Nicola Urquhart, Cameron Findley-Smith and Elizabeth Albert.

RWK Goodman acted for the Claimant. Counsel Gerwyn Samuel.

This Report was provided courtesy of Tracy Norris-Evans and Rosie Hodgetts of RWK Goodman (Oxford), solicitor for the Claimant.