Nicola Wainwright in JMW’s London clinical negligence department has secured a six figure sum of compensation for her client, known as Laura.

Laura suffered brain damage at birth at Queen Mary’s Hospital, Sidcup. She was awarded a compensation package worth around £12 million to secure the future support she needs.

Laura whose real name cannot be used for legal reasons, has cerebral palsy, which affects her mobility, balance and fine motor skills, but also severely affected her cognitive function and communications skills. Her injuries are permanent and she will need ongoing support for the rest of life.

She suffered brain damage at the time of her birth. The girl’s mother suffered a uterine rupture during her pregnancy with her daughter, having previously had to have a caesarean section to deliver her first child. She alleged, on her daughter’s behalf, that the risks of proceeding to vaginal delivery were not properly discussed with her and her request for a caesarean section during labour was ignored. She also alleged that the baby’s heart rate was not properly monitored so that the hospital staff did not realise she was in distress and suffering a lack of oxygen until it was too late and she had suffered irreversible brain damage.

Laura was born in a very poor condition with signs of having been starved of oxygen and subsequently her parents realised that she was not developing normally as a young child.

The NHS Trust responsible for Queen Mary’s Hospital, made a full admission of liability in 2010, but at that stage it was not possible to know what Laura’s future needs would be as she was only 9 years old. Finalisation of her claim was put on hold until it was known how independent she would be as an adult. Sadly, over time it became clear that due to the combination of her difficulties she would not be able to live alone without support. The compensation agreed will provide Laura with a support worker and help her try to complete her education as she hopes. It should also provide her with financial security given she will probably never be able to secure paid employment.

Nicola Wainwright, a partner specialising in cerebral palsy cases in JMW’s clinical negligence team, who represented Laura commented: 

“I am pleased to have secured this substantial settlement for my client as it allows her to fund the support she will need in the future to live her life to the full. The brain damage she suffered at birth has caused her significant difficulties and changed her and her family’s life irrevocably. This compensation can never make up for what she has lost or the emotional suffering she has had to endure but will enable her meet the expensive costs she will now face just to engage in the usual daily activities many of us take for granted.”