06 December 2022

Medical negligence victim wins multi-million pound settlement

Medical Equipment

A man born with permanent brain damage and physical disabilities has won a settlement worth in the region of £12m through our firm.

The settlement was agreed in July this year, helping our client gain independence with the resources and support they need as a result of their disabilities.

Making a claim for negligence in labour

The case centred around an adult with permanent brain damage and physical disabilities that were sustained in labour. It was found that there should have been an earlier recognition of, and reaction to, the claimant’s foetal distress. This would have led to earlier delivery, which would have avoided our client suffering permanent brain damage.

Usually, medical negligence claims need to be made within three years of the negligence taking place. However, due to the severity of the injury in this case, the usual time limit to bring claims was not applicable. This meant that the claim could be made years later, even though the negligence took place during their birth.

The case also qualified for Legal Aid funding, which is only available to a few firms, including Wilkin Chapman, for birth related brain injury cases.

Gaining independence and getting life back on track

The case settled with a lump sum payment of £4.15m followed by yearly payments of £218,000 until our client reaches 50, when payments increase to £275,000 a year. Each of these payments will increase with inflation and it is anticipated that the settlement will eventually be worth in the region of £11.5m-£12m.

The settlement money, which is being managed by Chantal Ul Haq-Weedon and Lucy Butterfint in our Court of Protection team, will allow the family to buy a new property and have it specially adapted to suit our client’s needs.

It will also pay for tailored, round-the-clock care, along with various therapies, aids and equipment to maximise independence. Previously, the man was relying on public sector care in a shared facility with residents of differing needs.

Here at Wilkin Chapman, we are committed to helping our clients get their life back on track by ensuring they receive the rehabilitation they need after an act of negligence and we are proud to have helped this individual get the support they need to gain independence.

Securing a settlement to improve quality of life

Jonathan Baker, partner within our medical negligence team, said:

“I was pleased to represent this family and secure a settlement which should see our clients’ quality of life really improve.

“The family are going to keep in touch, which I’m pleased about. It’s great to secure money for our clients, but to see what they do with it and how it will help them get back to the sort of quality of life they would have had if the negligence hadn’t occurred, is amazing.

“It is going to be nice to see the transition from what they are like now to hopefully a much better position in one or two year’s time.”

Find out more about how we can help you with your medical negligence claim or contact Jonathan Baker for a no obligation discussion.

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