Settlement of a complex neurology claim for a young child
We have recently settled a very complex compensation claim for a brain-injured young child.
The child’s injury occurred while he was three years old when he received substandard care in hospital after being admitted due to a seizure. Although it wasn’t known at the time, the child had a rare genetic disorder, and this caused a degree of developmental delay and seizures. Despite this, following the introduction of a ketogenic diet, the child was making good progress and in the months prior to the negligent hospital treatment, the parents were delighted that their child had begun rolling, sitting up, and cruising along furniture and was close to independent walking.
The child had a serious epileptic seizure at home and was admitted to hospital, where tragically there were significant delays in intubation. After obtaining independent expert evidence from paediatric intensive care and paediatric experts, and commencing court proceedings against the defendant NHS trust, the defendant admitted that the child should have been intubated some three and a half hours earlier, and this represented a breach of the duty of care owed to the child.
The child suffered a hypoxic brain injury (ie the brain was damaged due to insignificant oxygen). As a result, he has severe bilateral movement disorder involving all four limbs with mixed dystonia and spasticity. The child has more complex needs than previously, is unable to mobilise independently and requires 24-hour care. It was accepted by the defendant that the child sustained significant further brain injury on the day in question, but it was disputed whether this was caused or contributed to by delays in the emergency treatment provided.
This was a very difficult case and there was a significant issue as to the value of the claim given, even if liability were to be established, the child had a pre-existing genetic condition and may have suffered further injury even if intubation had occurred earlier.
The defendant’s case throughout was that the hypoxic brain injury occurred before the optimum time for intubation, and further that the child’s genetic condition was progressive and would have stopped the child from living independently in any event, and so causation was not established, and the child was not entitled to damages. Our case was always that if the child been intubated at the right time, the outcome would have been significantly better, the child would have become independently mobile and would not have required a wheelchair. We also disputed the assertion that the genetic condition was progressive and would have had as significant an impact on development as the defendant alleged. We had independent evidence from paediatric neurology, paediatric neuroradiology and genetics experts supporting the case on causation. We accepted that the child would always have required care but not to the same extent.
The case proceeded through the court timetable, up to and including experts’ discussions. At a settlement meeting, two weeks before trial, the parties agreed subject to court approval to settle the claim for a sum of £3 million. That provisional settlement was subsequently approved by the court as being in the child’s best interests.
Whilst the settlement will not address every difficulty, it will provide a much more secure foundation on which to build for the child’s future. The parents want to prioritise purchasing and adapting accommodation to be suitable and safe for their child.
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