Lifetime of care and support for child with cerebral palsy with £22 million settlement
'Oscar', eight
The lives of 'Oscar' and his family were changed for ever due to negligent maternity care during his birth that caused him to suffer catastrophic brain damage. Oscar has cerebral palsy affecting all four limbs and also his speech. Nothing can turn back the clock, but due to a successful medical negligence claim by Sally Leonards, a partner specialising in brain injuries at JMW, Oscar will have access to the very best care and support for the rest of his life after he was awarded a compensation package worth more than £22 million.
Traumatic delivery
When Oscar’s mum had not gone into labour two days after her due date, she was admitted to hospital for an induction to be carried out. However the labour progressed slowly and at one point his parents were told that his shoulder was stuck. When the midwives noticed that Oscar’s heart rate had dropped to a low level, they instructed his father to press the emergency button to summon specialist doctors to the delivery room.
After moving his mother into various different positions Oscar was eventually born. However, he was not breathing and had to be taken away for resuscitation and then received treatment on the neonatal intensive care ward. Oscar spent three weeks in hospital before being allowed to go home
Doctors were concerned that Oscar could have suffered damage to his brain and an investigation revealed that the problems with his heart rate should have been picked up at an earlier stage.
When Oscar was a few months old his parents noticed that he couldn’t do some of the things other babies his age could and took him to see his GP. Oscar was referred to a paediatrician and an MRI scan of his brain was carried out. Oscar’s parents were given then the devastating news that he had quadriplegic cerebral palsy, a lifelong condition that would cause him to be severely disabled.
Hospital admits negligence
Cerebral palsy can be caused when a baby has suffered a lack of oxygen when they are in the womb, during their birth or in the first few weeks of life. In Oscar’s case the hospital trust recognised at an early stage that the midwives’ delayed recognition of the problems with his heart rate was the cause of his cerebral palsy.
This allowed Oscar’s solicitor, Sally Leonards, who is a specialist in cerebral palsy cases at JMW, to focus on investigating how much compensation Oscar would require to ensure his lifelong and complex needs would be taken care of.
JMW’s investigation
Gathering evidence from independent medical experts, Sally was able to establish that Oscar, who is unable to walk, would need specialist carers with him 24 hours a day to ensure his safety. Oscar previously lived in a house that was unsuitable for his disabilities so the purchase of a larger property that could be adapted to his needs was another key requirement and Sally was able to help to arrange this.
Sally’s investigation also confirmed that intellectually Oscar was bright, so would need access to technology and experiences that would provide stimulation for him and reduce the amount of frustration he experienced.
In addition, Oscar requires financial security given that he will not be able to work for a living so this needed to be factored into his settlement.
Whilst nothing could ever make up for what happened to Oscar, I am pleased that the settlement will secure his financial needs now and in the future.
Get in touch
JMW Solicitors LLP is a leading Manchester law firm and offers a broad range of legal services to both commercial and private clients. To speak to someone please use our online enquiry form or call us on 0345 872 6666.
