£8.5m for boy who suffered brain damage at birth
Seven-year-old Max* was born with severe physical disabilities due to negligent management of his birth at the Royal Cornwall Hospital.
His mother had planned for a home birth but due to complications in labour she required hospital care. There were delays in transferring her to the hospital and when they arrived Max's delivery was not treated as urgent.
Max suffered hypoxic-ischaemic brain injury and was born in a very poor condition, with the cord around his neck. Following his delivery there was a 30-minute delay in resuscitating him, which resulted in further injury.
He suffers from dystonic quadriplegic cerebral palsy (GMFCS level 5) and is wheelchair dependent. He has neuro-developmental delay, is almost entirely gastrostomy fed and will require the support of others for the rest of his life.
Jane Weakley pursued a medical negligence claim against the Royal Cornwall Hospitals NHS Trust on the basis that Max's brain injury should and would have been avoided with competent care.
The Trust accepted 55% liability at a settlement meeting and a sum of £8.5million was agreed, which will enable Max to live life to the fullest possible. He is an extremely bright and intelligent boy, who excels in the mainstream school he attends and has lots of friends.
Max cannot speak but he communicates using Eye Gaze technology and responds to both languages his bilingual family speak. At a recent ‘Tec-Consultant’ assessment his mother was informed that he functioned in the top 5% of users for this type of equipment. Described by his mother as a happy child, Max loves to read and is very creative and thoughtful.
During the claim process Jane secured interim funding for the family, which enabled then to buy a more appropriate house that will now be adapted for Max's extremely high needs. Max in currently supported by his parents and grandmother, but in the future, he will need a specially adapted bungalow where he will have two full time carers.
Max's family are very active and adventurous, and he is included in everything, from surfing at local beaches with his father to an unforgettable family trip to New Zealand.
After the settlement, the family said: "We are really grateful to Jane and her team at Fieldfisher for the support and guidance they have given us throughout our seven year legal process. When we first contacted Jane, when Max was only a few months old, we only knew that we had questions about what had happened at Max’s birth that the hospital seemed reluctant to answer. It was a very difficult phone call for us to make, but Jane dealt with us sensitively and professionally. The legal process has brought to light many issues that were distressing for us to read and discuss, but throughout we have felt supported and listened to by Jane and her team, and we have always felt that Max and his wellbeing were at the forefront.
"We are really pleased to have reached a settlement that will allow us to continue giving Max the life he deserves. We have decided to remain with Fieldfisher for his Deputyship, as our experience with the litigation team has been so positive."
*Name changed
Contact us
For further information about birth injury claims and medical negligence claims, please call Jane Weakley on 0330 460 6773 or email jane.weakley@fieldfisher.com.
Alternatively
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