AC (A CHILD, BY HIS FATHER AND LITIGATION FRIEND, MC) v ST GEORGE’S UNIVERSITY HOSPITALS NHS FOUNDATION TRUST (2018)

AC (A CHILD, BY HIS FATHER AND LITIGATION FRIEND, MC) v ST GEORGE’S UNIVERSITY HOSPITALS NHS FOUNDATION TRUST (2018)

This appeared in Lawtel PI Bulletin 36 October 2019

Total Damages: £5,300,000 (£5,400,210.08 RPI)
plus periodical payments
Trial/settlement date: 3/12/2018
Judge: Stewart J
Age at trial: 10
PSLA: £250,000 (£254,726.89 RPI)
Type of Award: Out of Court Settlement (approved)
Court: Out of Court Settlement (Approved) (Queens Bench Division)
Age at injury: newborn
Sex: Male

 

The claimant, a ten-year-old boy, received a retained lump sum of £5,300,000 plus a stepped periodical payments order for an increasing annual sum for care and case management for life with an initial balancing payment of £80,000 for the brain damage he sustained during his birth in April 2008. He developed dyskinetic cerebral palsy with associated cognitive deficit, developmental delay and severe behavioural difficulties.

Clinical Negligence: C, male, newborn at the date of the injury and 10 at the date of the out of court settlement, suffered severe brain injury during his delivery in April 2008 at a hospital of the defendant trust (D).

C sustained injury and brought an action against D alleging that there was a delay in the response by D’s midwives and obstetricians to signs of fetal distress causing an avoidable disruption to the oxygenated blood supply to his brain. Liability admitted.

C suffered grade III hypoxic ischaemic encephalopathy and developed dyskinetic cerebral palsy with associated cognitive deficit, developmental delay and severe behavioural difficulties.

Out of Court Settlement (Approved): £5,300,000 lump sum and a stepped periodical payments order for an increasing annual sum of £126,258, £146,000 and £200,000 for care and case management for life (indexed to ASHE 80th percentile from 15 December 2019) and a periodical payments order of £10,000 per annum indexed to the RPI in respect of Court of Protection/Deputyship costs.

The case was settled with no particular breakdown of damages. However, the following breakdown was estimated by C’s solicitors:

Breakdown of General Damages: Pain, suffering and loss of amenity: £250,000; Future Losses including loss of earnings, loss of pension, and equipment, therapy and deputyship costs: £4,050,000.

Simmons v Castle [2012] EWCA Civ 1288 10 per cent uplift: applied.

Breakdown of Special Damages: Past Losses including care, therapy equipment, deputyship costs and accommodation costs: £1,000,000.

Total injury duration: permanent

Derek Sweeting QC and Deidre Goodwin instructed by Express Solicitors (Manchester) for the claimant. Andrew Post QC instructed by Bevan Brittan for the defendant.

LTLPI 18/10/2019 (Unreported elsewhere)

This Quantum Report was provided courtesy of Ben Gent of Express Solicitors, solicitors for the claimant.

Document No. AM0203567

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