Court Approves Award for Cerebral Palsy in Excess of £10 Million

Gemma was diagnosed with cerebral palsy following negligent treatment during her delivery. The NHS Trust admitted liability before Court proceedings being issued.

Once the Trust had admitted liability, we were able to secure early interim payments to enable Gemma to receive private treatment. This included Physiotherapy, Occupational Therapy, Speech and Language therapy and she appointed a Case Manager. We also obtained funds to allow Gemma and her family to rent a more suitable property. The family has now bought this property and they will arrange for it to be fully adapted to meet Gemma’s needs.

Gemma suffered cerebral palsy as a result of negligent treatment at delivery. She has severe disabilities as a result and she relies on a wheelchair for mobility. She also needs various aids and equipment to communicate and to maintain her physical and cognitive abilities.

Assessing Gemma’s claim for compensation

In order to quantify Gemma’s claim, we needed to gather evidence from a variety of medical experts. We arranged for her to meet a Paediatrician, Orthopaedic Surgeon, Educational Psychologist, care expert, accommodation expert, Physiotherapist, Occupational Therapist, Speech and Language Therapist and an expert in Assistive Technology. This team compiled evidence about Gemma’s current and future needs. The Defendants sought their own expert evidence. Both parties reviewed this evidence and we were able to agree a compromised settlement. Barratts Solicitors put forward an offer to the Defendants which they accepted.

We needed the Court to approve the settlement as Gemma is under the age of 18 and also considered a patient of the Court of Protection. The Court considered the Advice of Counsel and reviewed the evidence we had provided, then they were happy to approve the settlement. Gemma received in excess of £10 million compensation for her Cerebral Palsy.

This compensation means that Gemma’s needs will be provided for the remainder of her lifetime. Her family can adapt their home to meet her needs. Also, Gemma will be able to pay for all the equipment that she needs throughout her lifetime. She will also receive physiotherapy, occupational therapy and speech and language therapy. As Gemma is dependent on others for all activities of daily living, the compensation will enable carers to be appointed and to ensure that Gemma’s needs are met.

Choose a birth injury specialist

Gemma’s parents initially instructed a previous firm of solicitors to investigate the claim on behalf of their daughter. They received negative evidence so they did not pursue the claim. Fortunately, Gemma’s family persisted. They instructed Barratts solicitors and we were very pleased to help them. We were even more pleased by such a successful conclusion. It is down to the dedication of Gemma’s parents that they continued to pursue the claim on Gemma’s behalf. The love and devotion they have shown to their daughter was acknowledged by both parties and the Court.

This case shows how important it is for people to get advice from specialist clinical negligence solicitors. It is also vital that funds are available for Claimants to pursue claims for compensation. Had Legal Aid not been available to Gemma, she would not have been able to pursue the claim.

If you would like to talk to someone about a claim for Cerebral Palsy compensation, talk to our specialist Clinical Negligence team.