Proving clinical negligence can be a difficult task, but specialist lawyers are never cowed in seeking the best possible outcomes for their clients. In a case on point, solicitors representing a nine-year-old boy who was born severely disabled negotiated a multi-million-pound settlement of his damages claim against the NHS.
Obstetric difficulties arose during the boy’s delivery and an attempt to intubate him two days later failed. He was left suffering from severe cerebral palsy and requires 24-hour care. Although able to do very little for himself, he uses facial expressions to communicate with his loved ones and was described as a delightful and very charming little boy with a loving temperament.
Following negotiations, the NHS trust that ran the hospital agreed to pay 90 per cent of the full value of his claim. Together with a £5 million lump sum, he will receive index-linked and tax-free annual payments to cover the costs of his care for life. Those payments will start at £155,000 a year before rising to £186,500 a year when he turns 13. From the age of 19 onwards he will receive £284,000 a year.
In approving the settlement, the High Court noted that the boy and his devoted family had been well looked after by their legal team and that, with goodwill on both sides, the need for a stressful trial had been avoided and an excellent result achieved.
