November 21, 2012

Withy King achieves financial security for young man injured at birth

Withy King has secured a multi-million pound settlement and a public apology on behalf of a young man who suffered injuries during his birth which led to severe brain damage.

Withy King’s clinical negligence team successfully argued that 20-year-old Jacob Dewis of Gloucestershire could have avoided his injuries had he been delivered earlier by caesarean section while in the care of Nuneaton Maternity Hospital, Warwickshire, in 1992. Jacob has cerebral palsy and quadriplegia.

West Midlands Strategic Health Authority has agreed to award compensation of over £8.5m which will be paid out partly as a lump sum followed by yearly payments during Jacob’s lifetime.

Withy King will be acting as Jacob’s Deputy, under the Court of Protection, to ensure his financial affairs are properly administered and invested for the future. In its role as Deputy, Withy King will ensure Jacob’s finances are used to address his immediate needs – such as adapting and equipping his home – and managing his on-going requirements, which include round-the-clock care.

“I am privileged to have worked with Jacob and his mother, Rachel, through what has been a very difficult process for the family,” said clinical negligence partner Kerstin Scheel. “The hospital Trust took a number of years to admit liability in the case, so it was a tough battle to fight. It is of great relief that Jacob will now have funds in place to support him throughout the rest of his life, particularly allowing him to access the 24-hour care he needs and facilitating a safe home environment, adapted so that for the first time he’ll be able to use his wheelchair indoors! Jacob has a wonderful, positive character and joy for life, particularly music. Withy King is looking forward to a long relationship with Jacob, acting as his Deputy under the Court of Protection to ensure his damages are managed to allow him to live his life to its full potential.”

Withy King manages deputyships and attorneyships on behalf of those who are unable to administer their own financial affairs. Withy King also manages trusts and estates on behalf of individuals and families.

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