Life-changing settlement for boy brain damaged at birth
Jane Weakley secured a £5.8million settlement and significant lifelong annual payments for a young boy who has brain damage following negligence during his birth at Worthing Hospital.
Seven-year-old Alfie* suffers from severe disabilities and brain damage due to a lack of oxygen to his brain during his mother's induced labour and delivery. West Sussex Hospitals NHS Trust have admitted a breach of duty in how the birth was managed.
During induction Alfie's mother Ella* experienced excessive contractions due to hyperstimulation from the synthetic hormones, which was missed as maternity staff failed to do a CTG trace. The pessary containing the drugs should have been removed and she should have been referred for obstetric review.
If Alfie's mother had been given a caesarean section before she went into labour, then he would have avoided the devastating hypoxic ischaemic damage immediately before delivery.
Ella instructed Jane in a medical negligence claim against the Trust and following an admission of liability, interim payments paid helped them move to rented accommodation more suited to Alfie's needs.
Jane then secured a substantial settlement for the damage caused at birth. In addition to the £5.8million settlement, Alfie will receive £155,000 a year until he is 19, which will then increase to £180,302 for the rest of his life.
In addition to his birth injuries, Alfie has a genetic condition, which the Trust claimed could have caused his brain damage. Despite this, Jane managed to reach a settlement of 65% of all Alfie's needs following a successful round table meeting with the Trust's lawyers.
Due to his brain damage Alfie has significant developmental impairment and attends a specialist school, where he requires 1:1 care in class as has difficulty swallowing and is at high risk of choking.
Ella is a single parent and has been Alfie's full-time carer since he was born, giving up both her job in education and a part-time degree to do so. She has suffered from PTSD and depression since Alfie's birth and feels very angry about what happened to him. She is anxious about his future and constantly worries when they go out as Alfie has no understanding of danger.
The settlement will allow Alfie to live his life to the fullest it can be and relieve the burden on his mother with the help of care assistants and specialist equipment. Home is his safe space and Ella wants to create a dedicated sensory room for him to spend time in.
Ella hopes to return to work in education and help children with additional needs and is planning to take Alfie – who loves the beach - on his first holiday.
Ella said: 'I cannot thank Jane and all those at Fieldfisher who helped settle this case enough. They have been so supportive throughout and have done everything they can to give my son the best future possible.'
'We can now finally look towards a better life as a family without the worry and stress of uncertainty. We still have a long road ahead but thanks to Jane and all her hard work and dedication we now can see a bright light at the end of the tunnel.'
'I can’t put into words how grateful I am knowing Alfie will have the future that he deserves and the best care and support he will ever need. I would do anything for Alfie, and you have made it possible for me to achieve that.'
* names changed
Contact us
For further information about birth injury claims, please call Jane Weakley on 0330 460 6773 or email jane.weakley@fieldfisher.com.
Alternatively
- 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. Find out more about no win no fee claims.