£10m cerebral palsy compensation payout for girl brain damaged at birth

A schoolgirl has won an NHS compensation deal, which could add up to at least £10 million, for the acute brain injuries she sustained at birth. Had medical staff picked up on signs of “foetal distress” whilst the girl was still in the womb, the life affecting injuries would have been avoided.

Compensation for failures that resulted in cerebral palsy

The eight-year-old girl has won compensation from the Luton and Dunstable Hospital NHS Trust. The schoolgirl, who has remained unnamed, suffers from cerebral palsy, which affects all four of her limbs. The neurological condition is caused by a problem in the brain and nervous system, and often results from a difficult or premature birth.

It was argued that a series of medical failures in the hours before her delivery led to problems. Had medical staff promptly realized the girl was suffering signs of “foetal distress”, it was asserted that the injuries sustained would have been avoided.

In London’s High Court, Mr Justice Stewart said it was clear that the schoolgirl had been left severely physically disabled but had a “good degree of retained intelligence”. She was described as a “gutsy, bright and happy child”, with her family praised for the “unstinting love and care” they freely lavish upon her.

Out of court settlement

The case was in court to allow Mr Justice Stewart to approve an out of court settlement reached between the parties. The agreement was reached without an admission of liability from the Luton and Dunstable Trust, but the judge praised the decision of the family, stating that had the case gone to trial, the family would have risked everything. The family has been awarded a £1.85 million lump sum, plus index-linked and tax-free annual payments which will cover the care costs for the young girl. With the payments beginning at £50,000-a-year, before incrementally rising to £135,000-a-year when she reaches adulthood, it is estimated that the total settlement could be worth in excess of £10 million.

Approving the compensation, Mr Justice Stewart said: “this should be sufficient to look after the claimant for the rest of her life”.

How to make a compensation claim for clinical negligence

You are entitled to expect a certain standard of treatment from those providing medical assistance to you. If this treatment falls below standard you may be entitled to recover the cost of the private medical treatment needed to correct the failings on the part of those originally treating you.

If you want to enquire about making a compensation claim for negligence associated with pregnancy, child birth and maternity care, please contact one of our medical negligence lawyers on 01895 207835 or 01895 207295. Alternatively, you can send an email with your name and contact information and brief details as to the nature of the medical negligence and the injuries sustained to PI@ibblaw.co.uk and one of our team will be able to help you.