The claimant, a 6-year-old boy, received £830,000 together with a lump sum payment plus structured settlement for the physical and mental injuries sustained during his birth in February 1996. He suffered severe physical disabilities which affected all four limbs and his life expectancy was reduced as a result of his injuries.
Claimant: Male, newborn at date of accident; 6 years old at date of settlement.
Clinical Negligence: In January 1992, the claimant’s mother was admitted to the defendant’s hospital and went into labour with the claimant. During the course of labour, the claimant became distressed and as a consequence of the delay in treatment, the claimant suffered from asphyxiation and sustained injury. The claimant brought an action against the defendant alleging it was negligent in the handling of his birth which caused him injury.
Liability admitted. The defendants made a payment of £1,400,000 into court which was rejected by the claimant. Following this, proceedings were stayed until February 2004, the claimant’s 7th birthday, to allow the claimant to reach a stage of development where it was possible for the paediatric neurology expert to review his opinion on life expectancy. This was provisionally estimated to be 40-50 years of age. During this time, the claimant’s legal advisors continued to investigate quantum in respect of special damages. The claimant’s parents wished to secure lifelong financial security for the claimant, so instructed their solicitors to seek a bottom-up settlement. The defendant increased its payment into court to £2,800,000 and estimated the claimant’s life expectancy to be between 22.4-27.6 years of age. The payment in was rejected but negotiations resulted in an agreed lump sum payment of £830,000 plus a bottom-up structured settlement. It was therefore unnecessary to agree life expectancy.
Injuries: The claimant suffered from dyskinetic cerebral palsy which resulted in severe physical disabilities affecting all four limbs.
Effects: The claimant had largely preserved intelligence, but his communication was limited to eye-pointing. He was not independently mobile and had a life-long dependency for all his daily needs.
Prognosis: The claimant’s injuries were permanent and life expectancy was reduced as a result of the accident.
Out of Court Settlement (approved): £830,000 lump sum plus structured settlement.
Breakdown of General Damages: Pain, suffering and loss of amenity: £200,000; Future care costs: £1,487,925; Future therapy and support services: £398,000; Future equipment: £346,000.
Breakdown of Special Damages: Past care and expenses (including accommodation costs): £467,642. Background to damages: The claimant’s damages were set out in a structured settlement. In addition to the lump sum of £830,000 he received £54,000 per year from the age 6 to 11; £64,000 per year from the age 11 to 19; and then £90,000 per year from the age 19 for the remainder of his life.
Elizabeth-Ann Gumbel QC instructed by Henmans for the claimant. Gregory Chambers instructed by Kennedys for the defendant. LTLPI 13/3/2003 (Unreported elsewhere)
Document No. AM0900577. Reproduced by kind permission of Lawtel (www.lawtel.com)