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10 October 2014

Multi-million pound settlement for Cerebral Palsy case

The Claimant, Jessica Aldaco, was born by caesarean section at the Hope Hospital in Salford on the 30th January, 2007. She was in poor condition at birth having suffered from a profound hypoxic ischaemic injury to her brain, as a consequence of which she has developed total body involvement dyskinetic cerebral palsy. She has been, and always will be, wholly dependent on others. She will never work and she will never be able to live independently.

Through her lawyers, Longden Walker & Renney, she made allegations that the Hospital Trust had failed to control drugs that had been used to augment her mother’s labour and in turn to recognise when Jessica was becoming distressed before she was delivered. She ought to have been delivered earlier than she was.

Following an admission by the Trust’s lawyers that Jessica should have been delivered earlier, Judgment in the High Court was obtained and both parties commissioned a variety of expert reports to assess the long term affect of Jessica’s injury. These included expert opinions on the sort of housing and the equipment that Jessica would need to enable her to live appropriately. As a consequence of that, the High Court approved an Order for a sizeable interim payment enabling her to purchase a home and to adapt it.

Today, the Manchester District Registry of the High Court has approved an overall settlement of £2.5m in damages plus periodical payments for care and case management for the rest of her life. Initially those payments will be £80,000 per annum, increasing to £150,000 per annum from December 2025. Those payments will be indexed linked. Taking into account Jessica’s reduced life expectancy, the overall settlement is thought to be around £5m.

Longden Walker & Renney are a specialist clinical negligence firm. If your child suffers from cerebral palsy and you believe it could be due to substandard medical care during birth, we may be able to pursue compensation to cover the costs of care and the injury your child has sustained. You can get in touch with no obligation via our contact form and receive a free initial advice session.