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In this case liability had already been admitted because of failings in the clinical care during his mother’s labour, leaving the amount of compensation to be decided by the Court.
The parties agreed a settlement with a capital value of about £23 million which was approved in the High Court on 11 July. The settlement was structured to allow the Claimant to receive periodical payments for care and case management for his lifetime. Payments of £112,500 pa were ordered up to age 19, with the annual amount increasing to £235,000 pa thereafter for the remainder of his lifetime, and in addition a lump sum of £8 million for all other heads of loss.
The Claimant, who is now aged 14, has cerebral palsy which affects his mobility and fine motor skills, developmental delay, cognitive impairment, autism and behavioural difficulties, and impaired vision. He has a very high level of care needs, including a need for two carers during the day because of his behavioural difficulties, and also has a long life expectancy. When approving the settlement, the Court paid tribute to the devoted care which his parents have provided over the last 14 years, and approved the settlement as being in his best interests to secure the care and other provision which he will need throughout his life.
Jonathan Hand KC specialises in Clinical Negligence and Personal Injury work. He has wide-ranging experience across both these fields, and acts for a mix of Claimant and Defendant clients. Much of his work involves catastrophic brain and spinal injuries as well as fatal accident claims. He has a particular specialism in equine and other animal related litigation, and is well-known for his expertise in this area.
To find out more about Jonathan, contact Paul Barton on +44 (0)207 427 4907 or Graham Woods on +44 (0)20 7427 4902.
News 18 Jul, 2023
Call: 1990 Silk: 2019
