Cerebral Palsy - Case Study
The People
Darren was born in December 1970. As a result of various failures by those treating him, his brain was deprived of oxygen resulting in extensive brain damage and cerebral palsy. Although physically his disabilities were relatively mild, he has severe learning disabilities and mild epilepsy. He requires full-time care and will never work.
When Darren’s parents initially sought legal advice more than 3 years after Darren’s birth, they were told, wrongly, that his claim was statute barred. Fortunately, in late 1999, a relative saw a newspaper article about a successful cerebral palsy claim brought many years after the birth and the family decided to consult Hart Brown.
The Problem
Since Darren has a mental age of about 8 his claim was not statute barred. Investigating this sort of claim 30 years after the event presented a number of unique problems. We were finally able to piece together sufficient of the medical records to obtain supportive expert evidence, although tracking down experts who were sufficiently qualified in 1970 presented its own difficulties.
Having settled the issue of the extent to which the hospital, which denied negligence, was prepared to accept responsibility for Darren’s injuries, we then had to calculate the value of the claim. Darren’s parents had at considerable personal sacrifice provided him with “unpaid care” and financial support over nearly 38 years.
The Solution
The final settlement, which if valued on a conventional basis would amount to some £4.5m, includes index-linked annual payments in respect of the cost of Darren being privately cared for, for as long as he lives. The overall value of the settlement may therefore end up being in excess of £5m.
Once the settlement had been agreed in principle, the National Health Service Litigation Authority (NHSLA) presented us with a model order which they said had been used in many other cases and had been approved by many other lawyers and judges up and down the country. We were not prepared to recommend to Darren’s parents acceptance of the order because in our view it was defective. After a bitterly fought series of hearings the NHSLA finally backed down, and the amended Order was not only used in Darren’s case but also in a large number of other cases.
Although no amount of money can ever compensate for the effect of these sorts of injuries on Darren’s life and that of his family, the award will in time enable Darren to buy a house and enable him to lead a more fulfilling life. As importantly Darren’s parents, who are in their 60’s, now have the comfort of knowing that Darren’s future needs are fully provided for.
Who to contact
Marek Bednarczyk
Partner
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