An 11 year old girl who suffered a catastrophic brain injury as a result of negligence during her delivery has successfully obtained court approval of interim payments totalling in excess of £1.3m.
Following an earlier agreement over liability, the parties have been working towards an overall settlement of the claim, but due to the nature and extent of the injuries caused by the admitted negligence, a definitive assessment of the claim is not due to take place until 2018. In the meantime, the claimant and her family have had to manage her disabilities, which encompass cerebral palsy, epilepsy and significant behavioural problems with day to day family life.
The interim payments have enabled the claimant and her family to move to a new, more appropriate, home and adapt this so it is better suited to help manage the challenges they face; a case manager and specially trained support worker have been employed to assist with the claimant’s care, enabling the claimant, her parents and siblings to have a more typical family existence; funds have also been provided to allow specialist behavioural psychology management to be put in place and to ensure that the local authority provide the claimant with education that is appropriate for her needs.
The interim payments should provide appropriate funding for the claimant’s care until the definitive assessment of her claim in 2018, at which time provision will be made for her life-long care.
This case is being conducted by Paul Kingsley, senior solicitor in the Moore Blatch clinical negligence team.