News & Resources

Simon Browne QC succeeds in liability Claim in High Court for child with severe cerebral palsy

5th October 2016

In this severe cerebral palsy claim Simon Browne Q.C., instructed by Gadsby Wicks Solicitors, secured a judgment for liability against Southend University Hospital NHS Foundation Trust. Further he secured an anonymity order restricting media reporting identifying the infant litigant.

In 2008 the Claimant was born with severe disabilities at the Defendant Hospital. He has dyskinetic cerebral palsy which affects all of his limbs. He is unable to speak, feed himself or stand unsupported, and is wholly dependent on his parents for care.

It was the Claimant’s case that his injuries were caused by the negligent management of his delivery. Liability was originally disputed by the Defendant Hospital who averred that no action on their part could have avoided the injuries sustained.

A settlement was reached with the Defendant paying 70% of the full liability value of the claim, as well as the Claimant’s costs on the issue of liability. Her Honour Judge Coe QC, sitting as a Judge of the High Court approved this settlement pursuant to Part 21 of the Civil Procedure Rules. Further, an anonymity order was granted to protect the privacy rights of the Claimant and his family.