£23.5m for young girl with cerebral palsy following mistakes by Medway Hospital during birth
It was admitted during the claim that Emily's birth had been negligently mismanaged. There was a failure to classify CTG traces properly and a consequent delay in delivery when it should have been evident that the baby was in distress.It was accepted that these failures starved Emily's brain of oxygen and led to her suffering a hypoxic brain injury.
Emily* is now six years-old. She has quadriplegic cerebral palsy, poor balance, co-ordination and motor skills. She has hearing and visual impairments. She suffers from focal epilepsy, dysphasia and dysarthia and is classified as having global developmental delay and significant learning difficulties.
Emily's mother described Emily: "Although she has very complex needs due to her injury at birth... Emily is a very happy, fun loving, adventure seeking, social and determined little girl. It has been amazing to see her emerge from a little baby to the enthusiastic, tenacious little girl she is now, no matter the barriers she faces."
Following the admission, Jonathan worked with a team of nine experts including a neurologist, care/OT expert, physiotherapist, speech & language expert, orthopaedic specialist, technology expert and accommodation expert to understand exactly how Emily's injuries would impact her and what she would need to live her life to the fullest.
Following negotiations with the defendant Trust, Jonathan was able to agree a settlement which means Emily will receive around £23.5m during her lifetime, made up of a lump sum and annual payments which will enable her need for aids, carers and adapted accommodation to be met.
Following settlement, the parents said: "As parents we were reassured by Jonathan's professionalism, knowledge and experience. Jonathan was always sensitive of how emotive and difficult the process was for us as parents. He always made time and was available to help reassure us when we had worries and uncertainties. His approach made what was a very intrusive, stressful and draining experience more manageable for us as a family. Jonathan provided a very high standard in both the detail and quality of his work and we felt well supported from the day we met him to the very end. We really appreciated all of the support from Jonathan and his team."
* name changed
For further information about birth injury claims and medical negligence claims, please call Jonathan Zimmern on 03304606779 or email jonathan.zimmern@fieldfisher.com.
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