Multi-Million Settlement in Cerebral Palsy Negligence Case
Jodi NewtonTable of Contents
Judge awards multi-million settlement in cerebral palsy medical negligence claim
Jodi Newton, Partner and specialist medical negligence lawyer at Osbornes Law has successfully settled a case against Bedfordshire Hospitals NHS Foundation Trust relating to medical negligence which occurred during a birth in 2014.
The baby boy suffered quadriplegic cerebral palsy as a result of hypoxia during birth. The financial award settled for a capitalised sum in excess of £20 million on the basis of a projected life expectancy into his late 30s.
Legal proceedings
The family consulted Jodi to represent their son in 2015 and she was instructed to advance the claim in 2017. A Letter of Claim was served in November 2019 and a Letter of Response received in May 2020 denying the family’s case on when delivery should have taken place and denying that some of the neurological damage was as a consequence of the breaches.
Liability was therefore partly contested, contrary to the assurances of the medical experts instructed by Jodi who considered the entirety of the injuries to be caused by the Trust’s negligence. Proceedings were issued in January 2021.
The Trust initially failed to provide full disclosure of the investigation documentation which triggered a successful contested application for specific disclosure. An offer was made by the Trust for 90% on the liability case in September 2022 which Jodi advised her clients not to accept.
Full liability was admitted
Full liability was admitted by the Trust nearly 3 years after service of the Letter of Claim, in October 2022. Judgment was entered in December 2022 and the quantum trial was therefore listed for October 2024.
Interim payments were awarded totalling nearly £3m. Joint meetings of 11 experts took place over May 2024 and a joint settlement meeting (JSM) was arranged which did not achieve settlement.
Settlement
Following the JSM, supplemental witness statements and expert evidence were taken and served. Trial bundles and a Trial Schedule of Loss were prepared. Settlement was finally achieved in August 2024 less than six weeks prior to trial for a lump sum of £6.5 million, periodical payment orders of £435,000 to age 19 and £475,000 from age 19 for life. In addition, £18,500 was awarded for annual payments for deputyship costs.
The boy, who is now 10 years old, is severely disabled, following suffering an HIE grade 3 injury. He has developmental delay and limited mobility and cognition. He is gastrostomy fed. He requires an extensive package of care around the clock, a one-to-one support worker at school, and suitable adapted accommodation including a hydrotherapy pool.
Jodi comments:
“This young boy and his parents are an inspiration to us all. His and his family’s quality of life will be considerably enhanced by the care, therapies, and accommodation this settlement will provide for them. After living in three different properties since his birth, all of which were unsuitable for his needs, they have now made an offer on a property which they are very excited about and which will allow them to proceed with a more comprehensive care package and to build a hydrotherapy area, sensory room, and a room to accommodate his therapies. They plan to adapt the property into a 6 bedroom house incorporating all of the recommended rooms and adaptations recommended by our team of experts. Of course, had the Trust admitted liability sooner, the family would have been able to put in place this care package earlier and been spared the ordeal of a 9 year fight for justice for their son.”
Jodi was assisted by solicitor Elline Demetriou and instructed Henry Pitchers KC and Richard Grimshaw of No 5 Chambers as counsel for the family.
How Can We Help?
If you’ve suffered due to a medical procedure, our Medical Negligence solicitors are here to support you.
Contact Osbornes Law by filling out the form below or calling 0207 485 8811 to speak with one of our solicitors.
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Osbornes is a very respected firm in the marketplace.
They handle really complex cases very well
The clinical negligence team are knowledgeable and professional in their approach and demonstrate a high level of skill in litigation work.
Osbornes Law offers experience in obstetric and fatal claims as well as niche cauda equina cases.
Osbornes Law is an established firm which handles a breadth of complex and high-value clinical negligence matters.
Osbornes has a skilled team of solicitors advising clients on a wide range of clinical negligence matters.
Hard working, approachable, good knowledge of clinical negligence and clients’ specific conditions
A joy to work with and always 100% client focused at all times.
The clinical negligence team at Osbornes is much lauded for its ability to ‘represent the diverse range of London-based clients
“The team is very quick and efficient in responding."
"Obsbornes Law is always client-focused and works tirelessly to obtain the best outcomes for clients."
They are an excellent firm who achieve fantastic outcomes for their clients. They are also very prominent in injuries to those travelling to or from Europe. Multiple languages are spoken by the team.
Stephanie Prior is a first-rate clinical negligence specialist whose industry, great experience and medical background put her in an exceptional class.
This firm is responsive and efficient. Their rapidity in dealing with complications or hiccups is excellent.
Really great clinical negligence practice, staffed by experienced practitioners who know how NHS Trusts work. They also build great rapport with clients.’
Stephanie has developed a particularly strong reputation for her handling of birth injury claims, as well as cases concerning surgical negligence and delays in surgery.
"An excellent firm which achieves fantastic outcomes for clients."
"Stephanie Prior takes on complex cases and gets excellent results. She has a background in medicine which serves her clients well and is a realistic but tough litigator."
"Stephanie Prior is hugely dedicated, adored by her clients, tenacious, efficient and extremely knowledgeable."
"Stephanie Prior is very good with troubled clients and is easily able to make them feel at ease."
"Stephanie shows sensitivity and deals with things in an understanding way."
Osbornes provides a very intimate and personal client service which is increasingly rare in this sector.
The lawyers in the team are highly experienced and will drive cases very hard on behalf of their clients.
"Stephanie Prior has a realistic attitude to the complexities of the cases. She wins the trust of her clients and goes the extra mile to ensure they get the best outcomes."
"Stephanie Prior... manages a varied caseload, including obstetric claims, child and adult brain injury cases and fatal and non-fatal spinal cord injury cases."
"Stephanie is experienced, knowledgeable of all aspects of clinical negligence work, and strategic in running cases."
"The team were extremely professional in putting my needs first. There was a joined-up approach to catering for the client, and all lawyers involved were briefed and constructive."
Stephanie Prior is always very professional and kind. Highly recommended.
Quite simply excellent, with a highly competent and well-rounded team. They understand complex medical litigation and have been our lifesavers, and we will always owe them our immense gratitude.
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