November 30, 2020

Over £10m in compensation for cerebral palsy claim against Oxford University Hospitals NHS Foundation Trust

A girl who was 16 years old child at the time the claim was settled received a lump sum of £4,600,000 plus periodical payments of £58,000 per annum until December 2022, £70,000 per annum until December 2028 and £95,220 per annum thereafter for injuries she sustained during her birth following the negligent management of her delivery at the John Radcliffe Hospital in Oxford in 2004. The capitalised value of her claim is £10,827,053.

She suffered hypoxic ischaemic brain damage and consequently from bilateral dystonic cerebral palsy. The claimant is the second of twins and had she been born 10 minutes earlier she would have avoided all of her brain damage and disability.

She can walk but with difficulty and has poor core stability and walks with a broad, ataxic, gait. She can manage to walk a mile without difficulty. She uses a wheelchair for greater distances and is at risk of falling if she tries to run or is using stairs. In addition, she has poor grip and fine motor control. She will always have care needs and her speech is dysarthritic.

Liability was admitted in June 2010. Proceedings were then stayed until the claimant reached the age of 15 years, in order that a more definite prognosis could be reached. During that time a large interim payment was received and managed by the Compensation Protection Unit at RWK Goodman and used to buy and adapt appropriate accommodation, set up an initial care package as well as purchase aids and therapies.

The recent settlement will now mean that will have significant levels of care and support in all aspects for the remainder of her life.

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