Significant damages recovered as a result of failure to avoid in utero injury

Our client sustained a severe brain injury, which resulted in four-limb cerebral palsy, due to the shunting of blood between monochorionic twins in utero. Liability was investigated and the defendant trust made admissions to the effect that delivery should have been undertaken some days earlier than was the case because of non-reassuring signs, and that, with earlier delivery, our client’s brain injury would have been avoided.

We issued court proceedings, entered judgment, and obtained a sizeable interim payment to meet some of our client’s immediate needs. We also fully investigated the value of the claim by commissioning expert reports in the fields of neurology, care and case management, occupational therapy/aids and equipment, assistive technology, psychology, accommodation, physiotherapy, speech and language therapy, orthopaedics, deputyship/Court of Protection costs, and orthotics, and served a detailed schedule of loss. 

The defendant served its quantum evidence and the parties engaged in a round table meeting which led to terms of settlement being agreed by the parties, which were subsequently approved by the court. The settlement comprised a seven-figure lump sum and annual periodical payments. The damages will ensure that our client has access to the care, housing and aids and equipment she requires for the rest of her life.

Return to case studies