11th September 2018
Simon Browne QC, instructed by Alan Mendham of Gadsby Wicks, represented the Claimant (now aged 10 years) who was injured as a result of negligent procedures during his birth in the Defendant’s hospital, Southend University NHS Trust.
The Claimant is severely disabled by quadriplegic dyskinetic cerebral palsy level 4/5, having suffered damage in the deep grey matter of his brain. He will require assistance from multiple carers at all times for the rest of his life. Settlement on liability was previously reached whereby the Defendant was liable to the extent of 70%.
Mr Justice Lavender, sitting in the Queen’s Bench Division, approved a negotiated settlement reached on behalf of the Claimant amounting to approximately £9.5 million. This comprised a lump sum of £3,350,000, and annual periodical payments of £97,000 for the first year, £140,000 for the seven following years and £175,000 thereafter for the rest of his life. A high PPO linking the annual sum for care provision to the published ASHE rates was critical given the extensive care needs of the Claimant.