£9.3 Million Compensation For Brain Injury From Childbirth Medical Negligence

Legal Expert is the UK’s number one resource for helping people to make successful personal injury claims, securing them the compensation that they deserve. We can help no matter the severity of injury, or complexity of your claim as we specialise in working with solicitors who can help in cases such as those involving a brain injury from childbirth causing a condition such as cerebral palsy. The specialist personal injury claims solicitors we work with from across the country have years of experience in medical negligence claims and can help clients on a no win no fee basis.

This case study looks at a very prominent medical negligence claim which was brought against the UK’s NHS health service. The brain injury from childbirth was caused by (unspecified) complications during the child’s birth. Similar cases have seen children suffer brain damage at birth from a lack of oxygen, though the details of the specific injuries have not been publicly released as the child was still 10 years old at the time of the court case. The name of the child and the family has also not been made public for legal reasons.

As a result of the court case, the claimant (the child) was awarded an estimated total of £9.3 million in cerebral palsy compensation settlement. This consisted of a large upfront cash payment and ongoing yearly payments for the rest of the claimants’ life. Initially, the award consisted of £1.32 million as a lump sum, this was later raised to £2.21 in a High Court judgement.

Around the country, Legal Expert work with specialist no win no fee solicitors. We have helped many clients to successfully claim the damages and compensation that they are entitled to after serious injuries which were not their fault. To find out more about this brain injury during childbirth cerebral palsy, read the case study below.

How Common Are Birth Injuries Causing Cerebral Palsy?

Living with and caring for a child or adult with cerebral palsy can be challenging. In the UK, around 20% of cerebral palsy cases are caused by a brain injury during childbirth. The remaining 80% of cases are caused by a form of brain are damage during pregnancy. Whilst infant brain damage symptoms, such as cerebral palsy, are rare, they can cause families to go through a lot of pain as they deal with the cerebral palsy issues. Please remember, if you are one of these families you are not alone. In the UK there are support organisations such as the charity Scope.

Cerebral palsy is one of the most common types of brain injury at birth. They could be caused by the way the child is delivered and the way the delivery procedures are carried out. A brain injury at birth can cause a variety of different complications as a direct result, such as muscle disabilities and problems with movement and balance as well as posture.

Statistics in the UK show the following for cerebral palsy as one of the causes of brain damage during pregnancy;

• The current rate of cerebral palsy is 1 in 400 UK births.
• Each year 1,800 new children are diagnosed with cerebral palsy due to a brain injury at birth.
• Across the UK there are estimated to be 30,000 children living with cerebral palsy.
• Cerebral palsy affects more boys than girls. The rate is 135 boys for every 100 girls diagnosed with the condition.
• Around half the children diagnosed with cerebral palsy were born earlier than 37 weeks.

You can find out more about statistics and facts around cerebral palsy, the signs of brain damage in toddlers and cases of brain injury at birth by visiting the PACE charity website.

What Injuries Were Sustained In This Case?

Specific information about the nature of the complications which led to the brain injury at birth and the resulting extent of the child injuries were not made public. However, we do know that the girl was (at the time the case reached the High Court and a landmark ruling was reached) ten-years-old. She had suffered complications during her birth and later exhibited the early signs of brain damage whilst under treatment at the Royal Blackburn Hospital, part of the East Lancashire Hospitals NHS Trust.

Cerebral palsy infant brain damage symptoms don’t immediately become apparent and will usually start to present over the first few years of the child life. The major symptoms of cerebral palsy involve problems with movement, coordination, and development. As well as muscular and development infant brain damage symptoms, the child may also have a range of secondary conditions.

You can read more about the symptoms of cerebral palsy with this guide from the NHS, as well as information on brain damage in babies due to lack of oxygen.

The Allegation And High Court Case

Whilst the case attracted a lot of publicity as the first case settled under the new ‘Ogden’ compensation formula, most of the specific details pertaining to the case are not public. This is due to the age of the claimant and to protect her (and her families) anonymity.

The case was acted upon by solicitors acting on behalf of the claimants family and the East Lancashire Hospitals NHS Trust (responsible for the Royal Blackburn Hospital) negotiated the case between them for a period of time before the case was referred to the High Court. The case was resolved finally at the High Court with the barrister representing the family securing a higher lump sum cerebral palsy compensation payout for the child.

The Cerebral Palsy Compensation Award

The case became a matter of public interest due to the size of the claim awarded, as well as the fact that this was the first case to leverage a new controversial formula for calculating personal injury compensation. The total cerebral palsy compensation for the brain injury from childbirth is estimated to be almost £9.3 million. Lawyers acting on behalf of the girl and her family initially secured an upfront payment of £1.32 million in cerebral palsy compensation. The remainder of the award was made up of yearly payment at £50,000 till the age of 19 when payments would be increased to £73,500 for the rest of the claimants’ life. The total value of the award is estimated to be £9.29 million, based on the claimant living to 101 years old. At the High Court, the lump sum was raised using the new formula to £2.21 million.

The bulk of the lump sum cerebral palsy compensation, as well as the majority of the annual payments, will go towards the ongoing personal and medical care that the girl affected will require for the rest of her life.

Whilst the new formula which was used to calculate the increase in the lump sum payment has been criticised by the insurance industry, solicitors acting on behalf of the claimant and her family reiterated that the compensation for a brain injury from childbirth would be vital in securing the child’s’ long-term financial security as well as paying for the lifelong care that she would require. The solicitor went on to say that the increased award has helped comfort the child’s’ parents as they now know that the girl will be able to afford the care she needs through her life after they have passed away.

No Win No Fee Cerebral Palsy Compensation Claims

At Legal Expert the specialist no win, no fee personal injury solicitors we work with have helped claimants to make a variety of claims in cases where a child has suffered a brain injury from childbirth causing symptoms such as cerebral palsy. Claims involving brain damage at birth from a lack of oxygen or other causes can be complex, complicated and at times lengthy to pursue. As such, using a solicitor and solicitors firm who are experienced in pursuing these types of claims can be vital to securing higher amounts of damages (as was seen in this case).

No win no fee solicitors work with clients through what is called a ‘conditional fee agreement’. This is a special contract drawn up between the claimant and their solicitor. The ‘conditional fee agreement’ will set out what work the solicitors will carry out on behalf of the claimant, as well as under what conditions they will be paid for their services. It should specify that the claimant doesn’t have to make any upfront payments or pay towards costs during the case. It will also specify that if the claim is not successful and if the claimant is not awarded compensation, the solicitor will not charge any fees. This is the so-called ‘no win no fee’ element of the agreement. The agreement also sets out the fee structure for successful claims. The fees will be paid out from the award received. To start your no win no fee claim for a brain injury from childbirth, talk to Legal Expert today.

Contact Legal Expert Today

Start your compensation for a brain injury from childbirth, such as cerebral palsy today by talking to the specialist team at Legal Expert today. We have worked with no win no fee solicitors as claimants from across the country in cases similar to this.

The dedicated team at Legal Expert will work hard to ensure that we provide all our clients and claimants with the advice and information that they need to be able to make an informed choice at every stage of the claims process. You can learn more about how to make a successful personal injury claim by talking to us today. Call our team on 0800 073 8804, email us at info@legalexpert.co.uk or use the online chat feature on our website to start talking to us.

Useful Links

Cerebral Palsy Compensation Claims
Find out more about cerebral palsy compensation claims in our specialist guide. You can find out more about making a cerebral palsy claim as well as how to live with cerebral palsy and how much compensation you may be able to claim.

Birth Injury Compensation Claim
Find out more information about the variety of different birth injuries people can suffer, as well as the amounts of compensation that they may be able to claim.

Hospital Negligence Compensation Amounts

Find out how much hospital negligence compensation you could claim.

NHS Guide To Cerebral Palsy
The NHS guide to cerebral palsy contains information and advice such as the symptoms of cerebral palsy, as well as how it is diagnosed and treated.

Great Ormond Street Hospital
Further information on the causes and early signs of brain damage from a lack of oxygen, such as cerebral palsy produced by Great Ormond Street Hospital.