Claire McDaid, Associate in Worthingtons Medical Negligence Team, is delighted to have secured a considerable package of compensation for a client who suffers from cerebral palsy as a result of brain damage sustained at birth.
Our client was born in 1990 and diagnosed with cerebral palsy in early childhood. His parents had initially instructed another firm of solicitors and attempted to pursue the case when their son was a child but the case proved complex and lay dormant for many years until Worthingtons were instructed, whereupon after extensive investigation, proceedings were issued in advance of our client’s 21st birthday. Medical evidence was obtained from an obstetrician, paediatrician, neonatologist and paediatric neuro-radiologist, all of which supported our case that the cause of the cerebral palsy was over-ventilation in the days following our client’s birth.
The case was listed for hearing at the beginning of June 2016 and following extensive settlement discussions involving care experts and accountants as well as the legal representatives, the figure of £3.7 million was placed before the court for approval in September 2016.
The sum of £3.7 million is comprised of an initial lump sum, as well as periodical payments throughout his lifetime. The compensation will ensure that our client and his family will be able to extend the family home to cater for his ongoing needs, as well as pay for specialised nursing care which he will require for the rest of his life.
The family involved are delighted that their son’s financial future is now secure. On conclusion of the case last week, our clients’ parents stated, “if it were not for the Worthingtons team tenacity to pursue the case, it would have led nowhere as before”.
Cerebral palsy, a condition affecting muscle control and movement, can be caused by an injury to the brain before, during or after birth. Sometimes these brain injuries can arise by reason of a hypoxic event, such as oxygen deprivation during delivery, and if this has been caused by inadequate management or indeed delay on the part of the hospital, then you may be able to pursue a compensation claim. In this case, the cerebral palsy was caused by over-ventilation in the days following delivery which resulted in very low pCO2 levels in the blood. This led to episodes of prolonged hypocarbia (reduced carbon dioxide levels in the blood) which resulted in the development of periventricular leukomalacia (PVL), an injury to the white matter of the brain. Had the ventilation been monitored and managed adequately in the days following delivery, this would have been avoided.
If you believe that a hospital or other care provider Northern Ireland may have been negligent in providing advice or medical treatment to you or your child, which has resulted in a cerebral palsy or other birth injury, and which could have been avoided, Worthingtons Solicitors have an experienced team of litigators who specialise in Medical negligence and in particular cerebral palsy, and who will gladly provide advice on all aspects of birth injury claims in Northern Ireland.