27th October 2022
James Arney KC secured an £800,000 settlement in a liability-contested clinical negligence claim arising from alleged failure adequately to diagnose and treat ROP in a premature baby. The Defendant Trust continued to dispute breach and causation, where the claimant had been rendered totally blind. Quantum issues included the valuation of care arising from blindness, where non-negligent consequences of premature birth would in any event necessitate a 24/7 care regime.
The Defendant made no admissions, disputing both breach of duty and causation. Liability issues included the extent to which regard should have been had to ROP research which had not yet been integrated into national guidelines; how quickly the Defendant should have treated once ROP had been detected; and whether by then the ROP was so advanced that the Claimant’s sight would not have been saved even if treated promptly.
Quantum issues engaged the challenge of valuing care, case management, treatment/ therapies, accommodation, GD’s and miscellaneous claims in circumstances where the Claimant’s non-negligent disabilities in any event left him wholly dependent on others.
Balancing both liability and quantum issues, and with a liability trial imminent, global settlement was secured at £800,000, which the Court subsequently approved.
James was instructed by Alison Hills of Slater & Gordon.