Insights / News
Insights / News
FXZ, the 14 year old claimant, has agreed a liability settlement with Sherwood Forest Hospitals NHS Foundation Trust after he suffered a severe brain injury following delays in his delivery.
On 15th January 2024, a High Court Judge approved the settlement of 90% of the full value of the claim at a hearing at the Royal Courts of Justice in London, meaning that FXZ will now receive compensation from the NHS Trust to provide the life-long, round the clock care he requires.
FXZ was born prematurely at 30 weeks. In early labour there were declarations in FXZ’s heart rate which were reflected in CTG monitoring. After a delayed review by an obstetrician, it was decided that FXZ was to be born by an emergency C-section. Meanwhile, another patient on the labour ward had also been told she required an emergency caesarean and was taken first to the operating theatre. With only one operating theatre and obstetric team available, FXZ’s mother had to wait for one hour and 45 minutes for FXZ to be delivered. When she was transferred to theatre, 38 minutes before he was born, the CTG monitor was switched off and there was no monitoring at all of FXZ’s heart rate during this period, despite the earlier concerns.
FXZ was born in poor condition, with a very slow heartbeat and needed resuscitation. He was admitted to NICU and later brain scans confirmed that he had sustained an injury to the white matter of his brain.
The 14 year old, through his parents has fought his claim against the Defendant Trust for many years, with the support of independent expert evidence.
As a result of his brain injury, he has severe quadriplegic cerebral palsy and relies on a wheelchair for mobility. His financial settlement will provide security for him and his family, giving him access to the care and support, equipment, suitable housing and therapies that he needs and to ensure he can live as independently as possible.
FXZ was represented by Jonathan Hand KC of Outer Temple Chambers and Laura Cook of CL Medilaw.
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.
News 23 Jan, 2024