CLARKE WILLMOTT SECURES MILLIONS FOR CHILD WITH CEREBRAL PALSY
The personal injury and clinical negligence team at national law firm Clarke Willmott LLP has successfully secured over £19 million for a child with cerebral palsy.
Led by senior associate Gemma Osgood, the multi-disciplinary team worked on behalf of ‘P’ who was diagnosed with cerebral palsy following complications during his birth at a local birthing centre and later at a local hospital.
The complex negligence case centred around a 37-minute delay in delivering P which caused impaired oxygen supply and consequently severe brain damage, cognitive defects and physical disabilities.
Ms Osgood says that the high-value settlement fee will allow Baby P to receive the round-the-clock care he will need for the rest of his life and provide the family with a suitable home to meet his needs.
Gemma said: “This was a case right at the top end of the scale of complexity and value and I’m pleased we managed to achieve this remarkable settlement which will make such a huge difference to this family and P’s quality of life.
“P’s delayed birth, despite his deteriorating heart rate during labour, along with a missed opportunity to provide therapeutic cooling which could have reduced brain damage post-birth, equalled a strong case for negligence.
“We were able to help the family secure Legal Aid funding which meant that we could then obtain reports from a midwife, obstetrician, neonatologist, neuro radiologist and paediatric neurologist in respect of breach of duty and causation.
“Fortunately for P and his family, the Defendant admitted breach of duty and causation promptly.
We instructed 11 different experts and it soon became clear from our investigations that P’s cerebral palsy combines significant physical disabilities as well as significant cognitive defects and a reduced life expectancy.”
Based on evidence from the experts Clarke Willmott drafted a Schedule of Loss and appointed Anthony Fairweather, managing director of the firm’s private client division as a Court of Protection Deputy.
An interim payment of £1.5million was requested so that the family could purchase suitable accommodation and start any required adaptation work on this. Clarke Willmott’s residential property team in Taunton were able to help with the purchase of the property, which was bought in the name of P’s Court of Protection deputy.
Gemma said: “The property has now been secured and planning permission is being requested for the required adaptations. It is hoped that the family can move in later this year. This property will give P the freedom and independence he so badly needs and will mean that the family can implement a private care regime to assist with the care of P, should they so wish. At the moment they have no space to do so in the current home.
“A settlement was agreed in the form of a lump sum for P as well as periodical payments for the rest of his life which will cover the cost of care and case management. Periodical payments are beneficial for all parties, as they ensure that the payment is only made for as long as P is alive but do not run out should he live longer than expected.
“We are very happy with the agreement, as are P’s family, as this will provide them and P with security going forward. This case is a great example of not only what can be achieved for an individual and what a difference a settlement can make to that individual and their family but also a great example of cross team working within Clarke Willmott.
“Each case is a tragedy for the family, they come to us at the most difficult time imaginable and we often remain involved in their lives for many years as the case progresses, offering advice, guidance and support. This case illustrates the technical complexity, the degree of medical knowledge and understanding and the sensitivity required to deal with such work.”
Clarke Willmott is a national law firm with offices in Birmingham, Bristol, Cardiff, London, Manchester, Southampton and Taunton.
For more information visit www.clarkewillmott.com
