In 2020, compensation of almost £7.2 million was awarded for to an 11-year-old girl who suffered a permanent brain injury caused by lack of oxygen during birth which has led to her having mixed spastic/dystonic quadriplegic cerebral palsy.
Almost £7.2million Awarded to 11-year-old Girl With Cerebral Palsy as a Result of Lack of Oxygen at Birth
During the girl's birth in 2009, it was alleged that there were delays in her delivery which caused a period of lack of oxygen which should have been avoided. This has resulted in her being diagnosed with cerebral palsy for which she will require full-time care throughout her life, particularly as her mobility is likely to deteriorate with age.
Her mixed CP means she has reduced power and tone in all four limbs and impaired fine motor skills to her upper limbs. She suffers with joint pain in her knees, ankles and back with an unstable gait that means she can only walk very short distances indoors; she uses a K-walker or wheelchair to be able to go outside. As she ages, her mobility will inevitably deteriorate and she will need hoists to help with transfers later in life, as well as orthopaedic intervention.
Intellectually, she has average to high cognitive function, but some problems with memory and speech. Having insight and awareness into her disability causes her frustration and emotional distress. She attends mainstream school and will most likely go on to college and university. She also enjoys sport, particularly horse riding and had competed successfully at a national level.
The girl needs help with her daily living activities and personal care, but she is continent and can feed herself with fingers or a spoon. However, she will require lifelong care and will not be able to live independently. She will require single level accommodation for wheelchair accessibility. She had between a 2-4 percent lifetime risk of developing epilepsy, but if this develops it was anticipated it would be well controlled with medication.
The case was contested but settlement was reached on the issue of liability on the basis that she would recover 80 percent of the damages recoverable from her injury.
Approved Out of Court Settlement
Lump sum of £7,196,412.71
Plus annual payments of:
- £64,000 to age 19
- £132,000 from age 19 to 45
- £192,000 from age 45 for the remainder of her lifetime.
Breakdown of compensation before applying the agreed liability discount:
Pain, suffering and loss of amenity: £317,044.76
Past gratuitous care costs: £150,500
Past accommodation costs: £345,000 (with some litigation discount for recovery on this head of loss)
