10 July 2013
LWR are successful in another Brain Injury case
Director Neil Heavisides has successfully pursued an action for a young boy from Rugby, Warwickshire who suffered brain injury arising from negligence at the time of his birth. His mother went into labour on the 20th April, 2007 but the Hospital failed to deliver him quickly enough by caesarean section. Had he been delivered in an appropriate and timely way then he would have avoided all of his brain damage.
Unfortunately, he developed severe spastic quadriparesis and is profoundly disabled. He cannot do anything for himself and has little or no hand movements. He has increased spasticity in his upper limbs and will require regular physiotherapy for the rest of his life to stretch out all the muscles of his upper limbs to prevent him developing joint contractures. It is likely he will need to have surgery to both of his hips. He will never walk and will never be able to stand independently. He will always be dependent upon others for his mobility and all of his care needs.
This little boy has a gastrostomy feeding system as he cannot feed normally. He has severe cortical visual impairment and unfortunately has a fairly limited life expectancy. Having successfully resolved the liability issues, Neil Heavisides then had to commission the assistance of experts in the fields of paediatric neurology, orthopaedic surgery, care, occupational therapy, neuro-physiotherapy, speech and language therapy, accommodation/architecture, Court of Protection work and ophthalmology. Opinion was also obtained from a specialist in investments.
The matter went before a High Court Judge at the Royal Courts of Justice in London in June and a settlement equivalent to £3.8m was approved. Part of this will be retained as a lump sum and part will be paid every December for as long as the boy lives. Those periodical payments are used to meet the huge professional care and case management costs.
Longden Walker & Renney specialise in clinical negligence work with a number of lawyers within the firm working in this field.
If you feel you would like to investigate a possible case involving brain damage from mistakes made at birth then please get in touch with us. Legal aid is still available for children who have developed brain damage as a consequence of negligence at birth.