Birth injury causing cerebral palsy settlement against Stoke Mandeville Hospital

Marcus* was deprived of oxygen due to delays in his mother's delivery, which required an emergency c-section. He was found to have the most severe grade of hypoxic ischaemic brain damage and was later diagnosed with cerebral palsy.

His mother instructed Iona to pursue a claim of medical negligence against Buckinghamshire Healthcare NHS Trust. The Trust admitted liability and complex quantum investigations followed.

During settlement negotiations, the first six offers made by the Trust were all rejected by the family as they did not adequately reflect the injury caused or the extensive care Marcus will always need and possible future treatment.

A seventh offer with a capitalised value of £24,778,100 was accepted, avoiding the need for a trial. Marcus lives at home with his parents and younger sibling and as he is unlikely to gain capacity as an adult, he was represented in proceedings by his mother.

A lump sum of £10m was awarded on his behalf, with annual payments for the rest of his life.

This settlement will enable Marcus to lead as fulfilling and independent life as possible. Marcus will never be able to live independently and requires around the clock care to keep him safe and ensure his basic needs are met. Due to the birth injury, he has moderate learning difficulties. He is unlikely to be capable of remunerative employment.  He is clumsy, tripping often, and relies on walking aids if he is outdoors for longer distances.

The hypoxic ischaemic brain damage has caused several other issues, including epilepsy that cannot be controlled by medicine, renal hypertension and severe anxiety.

Despite his challenges, Marcus is a quietly sociable boy who loves his family, being outdoors and doing activities with his father. He enjoys cooking, pottering around in the family's specially adapted garden and horse riding as well as watching comedy re-runs and the Harry Potter films.

Libby Ferrier assisted Iona on the case, and they worked alongside Henry Witcomb KC and Marcus Coates-Walker at 1COR chambers to secure a settlement that will ensure Marcus can live life in the fullest way possible, at home and with the people he loves.

The family said: "We would like to say a big thank you to Iona Meeres-Young personally for doing everything possible to get justice for our son. We feel very privileged to have you on our side and fighting for him, and for us. Iona was in our corner all the way. We’re so thankful to you for all you did for us and continued to do. We appreciate that our case was complex but you never gave up fighting for our son."

*name changed

Contact us

For further information about cerebral palsy claims or birth injury claims please call Iona Meeres-Young on 0330 460 6769 or email iona.meeres-young@fieldfisher.com.

• You can speak to our medical negligence solicitors on freephone 0800 358 3848
• email us: personalinjury@fieldfisher.com
• Complete the short online enquiry form

All enquiries are completely free of charge and we will investigate all funding options for you including no win no fee.