Multi-Million Settlement in Cerebral Palsy Negligence Case

Jodi Newton

Judge awards multi-million settlement in cerebral palsy medical negligence claim

Jodi Newton, Partner and specialist medical negligence lawyer at Osbornes Law has successfully settled a case against Bedfordshire Hospitals NHS Foundation Trust relating to medical negligence which occurred during a birth in 2014.

The baby boy suffered quadriplegic cerebral palsy as a result of hypoxia during birth. The financial award settled for a capitalised sum in excess of £20 million on the basis of a projected life expectancy into his late 30s.

Legal proceedings

The family consulted Jodi to represent their son in 2015 and she was instructed to advance the claim in 2017. A Letter of Claim was served in November 2019 and a Letter of Response received in May 2020 denying the family’s case on when delivery should have taken place and denying that some of the neurological damage was as a consequence of the breaches.

Liability was therefore partly contested, contrary to the assurances of the medical experts instructed by Jodi who considered the entirety of the injuries to be caused by the Trust’s negligence. Proceedings were issued in January 2021.

The Trust initially failed to provide full disclosure of the investigation documentation which triggered a successful contested application for specific disclosure. An offer was made by the Trust for 90% on the liability case in September 2022 which Jodi advised her clients not to accept.

Full liability was admitted

Full liability was admitted by the Trust nearly 3 years after service of the Letter of Claim, in October 2022. Judgment was entered in December 2022 and the quantum trial was therefore listed for October 2024.

Interim payments were awarded totalling nearly £3m. Joint meetings of 11 experts took place over May 2024 and a joint settlement meeting (JSM) was arranged which did not achieve settlement.

Settlement

Following the JSM, supplemental witness statements and expert evidence were taken and served. Trial bundles and a Trial Schedule of Loss were prepared. Settlement was finally achieved in August 2024 less than six weeks prior to trial for a lump sum of £6.5 million, periodical payment orders of £435,000 to age 19 and £475,000 from age 19 for life. In addition, £18,500 was awarded for annual payments for deputyship costs.

The boy, who is now 10 years old, is severely disabled, following suffering an HIE grade 3 injury. He has developmental delay and limited mobility and cognition. He is gastrostomy fed. He requires an extensive package of care around the clock, a one-to-one support worker at school, and suitable adapted accommodation including a hydrotherapy pool.

Jodi comments:

“This young boy and his parents are an inspiration to us all. His and his family’s quality of life will be considerably enhanced by the care, therapies, and accommodation this settlement will provide for them. After living in three different properties since his birth, all of which were unsuitable for his needs, they have now made an offer on a property which they are very excited about and which will allow them to proceed with a more comprehensive care package and to build a hydrotherapy area, sensory room, and a room to accommodate his therapies. They plan to adapt the property into a 6 bedroom house incorporating all of the recommended rooms and adaptations recommended by our team of experts. Of course, had the Trust admitted liability sooner, the family would have been able to put in place this care package earlier and been spared the ordeal of a 9 year fight for justice for their son.”

Jodi was assisted by solicitor Elline Demetriou and instructed Henry Pitchers KC and Richard Grimshaw of No 5 Chambers as counsel for the family.

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