£230k compensation awarded to boy with cerebral palsy
A boy aged 14 received compensation of £230,000.00 for the fact that during delivery he sustained a severe brain injury and as a result he suffered from cerebral palsy.
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The diagnosis of severe four limb athetoid cerebral palsy resulted in negotiation between solicitors acting for him through his parents and the hospital trust and they finally agreed a settlement of £230,000.00 for his pain, suffering and loss of amenity.
Winchester County Court approved the settlement which taking into account the increase in the Retail Price Index since 2012 equated to a figure of £242,455.00.
C suffered from the following difficulties:-
- Persistent involuntary movements of both his trunk and all four limbs. Particularly severe on his left side as well as tone disorder in all his limbs. Worse on the right side as a result of which C was unable to walk or stand independently.
- A knee flexion deformity and ankle aversion such that he was reliant on orthotic aids.
- Poor hand and fine motor skills
- Poor speech and salivary control
- Poor weight gain due to poor oral intake and the need for a gastronomy tube to deliver Fortijuice four times daily
- Incontinence at night
- Visual field defects
- Cognitive impairment and moderate learning difficulties.
It was agreed that C remained highly dependent on others for all his care needs. In particular he was unable to walk or stand independently and used an electric wheelchair.
C Was unable to care for his own hygiene as washing himself, cleaning his teeth and dressing himself were beyond his capabilities. C could not feed himself and was fed by carers and supplements. He could not chew and had difficulty swallowing.
It was agreed that he was unlikely to ever achieve independence or even semi-independence in later life. It was also agreed that he would never be able to undertake gainful employment or achieve financial independence.
C's condition was not expected to deteriorate although he was at risk of developing secondary complications which included skeletal deformity. He was likely to suffer increased frustration as he got older and that might manifest itself in behavioural difficulties.
C's life expectancy was reduced to 54 years and he was therefore predicted to live for a further 40 years.
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About the author
Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.