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Ben’s Story: £3.8m awarded after delayed caesarean section leads to cerebral palsy

Ben’s Story: £3.8m awarded after delayed caesarean section leads to cerebral palsy

Following a delayed caesarean section, Ben was born with cerebral palsy and severe motor and cognitive difficulties. We helped Ben and his family get a £3.8 settlement to help pay for his extremely high care needs.

In April 2007, Ben’s mother had gone into labour in the early hours of the morning but there was evidence of fetal distress with telltale signs being evidence of meconium and problems with the CTG tracing. A decision was made that a caesarean section was needed.

Unfortunately, there was a significant delay in carrying out the caesarean section and on top of this, there was a failed attempt to use instrumental vaginal delivery. The caesarean section was eventually performed well over an hour after the initial decision was made.

Sadly, Ben was born floppy and white with a very low heart rate and was eventually diagnosed with cerebral palsy with severe motor and cognitive difficulties. He also had severe movement impairment, microcephaly, profound learning difficulties, and severe cortical visual impairment.

In short, he was found to be permanently and severely disabled with extremely high care needs. It is believed he will never be able to even sit independently and will even need carers to move him about in a wheelchair as he will not have the ability to control a powered one. Unfortunately, because of the profound disabilities Ben will not have a long life.

His parents instructed one of our expert solicitors, Neil Heavisides, to bring a claim against the Hospital Trust.

Expert evidence to assist in this case was obtained from independent specialists in the fields of obstetrics, midwifery, neuroradiology, neonatology and paediatrics. All of those independent experts supported the case.

Experts were instructed to assess Ben’s needs for care both in relation to the care previously given by his family but also to the need for future commercial care, occupational therapy, accommodation, speech and language therapy, physiotherapy, ophthalmology and orthopaedics.

As part of the ongoing case, Neil was able to help the family find a suitable property nearby which was capable of being significantly modified and adapted to enable Ben and his family to live at home with all of the facilities needed, including lift access, extended bedroom facilities with large walk-in bathing and showering facilities, built-in lifting equipment, and live-in carers accommodation.

A settlement was agreed that comprised of an initial lump sum payment of £1.8m and then payments made thereafter annually for the rest of the Ben’s life ranging initially from £145,000 per year rising up to £185,350 per year. The equivalent lump sum was £3.8m.

If Ben’s story of medical negligence is similar to something you or someone you know has experienced, then contact our team of solicitors on 0191 5666 900 or fill in the no obligation enquiry form.

*Ben is a fictional name for a real client, used to protect anonymity