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Express Solicitors secure £23 million for brain damaged child

Client Stories

Express Solicitors’ Ben Gent helped a family recover over £23 million compensation for a ten year old boy who suffered brain damage due to medical negligence prior to his birth.

Thought to be one of the three largest compensation packages awarded for an injury claim, it represented a huge win for the young man’s family who had been fighting a legal battle for years in order to provide their son with the best future possible. The team were proud to help them win this landmark case.

Medical negligence leaves baby with cerebral palsy

The child was born with cerebral palsy as a result of negligence at St George’s Hospital in Tooting, London in 2008, while his mother was pregnant with him. It was discovered that neither the consultant obstetrician nor the attending midwife were paying attention to the Cardiotocography (CTG) trace, which monitors the baby’s heart rate while in the womb.

The trace deteriorated and there was a subsequent delay in delivering the baby, which meant that he was deprived of oxygen for fifteen minutes prior to being born. It was stated that there was a delay in the response by the child’s midwives and obstetricians to signs of fetal distress causing an avoidable disruption to the oxygenated blood supply to his brain.

The damage of this deprivation of oxygen led to life-long brain damage. He has, and will continue to have, significant behavioural problems, special education needs and impaired movement patterns.

He’s a kind, affectionate and engaging boy, but he will need constant support for the rest of his life.

Fighting for a boy’s safe future

The young man’s family had been fighting a ten year legal battle to get the compensation they deserved in the aftermath of such medical negligence.

We knew immediately that this family deserved so much more than what they were dealt. The financial implications of lifelong care for a disability such as this can be astronomical and this young man should be able to live the longest and happiest life he can, regardless of his situation. Ben Gent, Head of Clinical Negligence at Express Solicitors said,

“The financial and emotional consequences of this negligent obstetric care are immense and will endure for decades into the future.”

Ben and the team made it their mission to guide the boy’s family in their legal battle with the hospital to secure the best possible future for their son.

A fresh start for this young man

In November 2018, a compensation package amounting to over £23 million was secured for the family. Consisting of a lump sum of £5.3 million to help buy and adapt safe, appropriate accommodation, therapy costs, and compensation for never being able to have a job. They will receive annual payments up to £200,000 to pay for a team or carers for the rest of his life.

The boy’s father had this to say on the compensation:

“Every pound of this settlement is planned and accounted for in equipment and therapy costs. The money means my son has a second future.

“To anyone who thinks it is a windfall, I would give them back every penny tomorrow to have the boy he could have become.”

After a ten year legal battle, the family received compensation that will secure their son’s future. On the matter, Express Solicitors’ Ben Gent said, “This money will ensure that this young man is taken care of properly in years to come. Patient care can only improve when mistakes are acknowledged and investigated openly and independently.

“The political trend to see justice as an expensive luxury undermines patient safety and makes this kind of tragedy more likely to happen again.”

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