Multi-millions for girl injured at birth at Tunbridge Wells Hospital
Mark Bowman was instructed by the parents of Evelyn following her birth in 2015, during which she suffered catastrophic injury to her brain. A liability settlement had already been approved by the Court in 2022, and the past two years were spent assessing the full extent of Evelyn's injuries and assessing the level of care and support she will require for the rest of her life.
In addition, substantial interim payments were received which allowed Evelyn and her family to move into more suitable accommodation to ensure she could employ a full package of carers and space to store all her equipment.
Evelyn suffers from cerebral palsy affecting all four of her limbs. While she can walk short distances unsupported, her spasticity means that she will never be fully mobile and will require wheelchair support as well as hoisting as she ages. Evelyn also suffers from learning and communication difficulties which will persist for life even with support in the form of speech and language therapy and assistive technology. Due to her retained level of intellect Evelyn has behavioural outbursts as she can become frustrated with her inability to communicate or move as freely as she desires.
Evelyn's sleep is extremely disrupted, and she requires carers at night time to ensure she remains safe and well. In addition, she requires 2:1 support during the day when away from the safety and familiarity of her home environment with 1:1 support at all other times.
Numerous experts were instructed by Mark as well as solicitors for the Defendant hospital. Whilst there was agreement between the experts on certain matters, such as Evelyn's life expectancy and her general level of function, there was significant disagreement between the assessments of the care and support that Evelyn required.
Evelyn's case was due to go to trial in early 2025 but efforts were concentrated to ensure that it settled prior to the recently announced change in the personal injury discount rate, which would have seen the value of Evelyn's claim significantly decrease.
Settlement was agreed to ensure that Evelyn will receive a yearly payment to cover her care needs, with the payment being linked to carer's wage inflation to ensure it remains at an appropriate level for life. In addition, the yearly payment will increase further once Evelyn reaches the age of 13, and then again 19, to recognise her increasing care needs as she gets older and stronger. A lump sum payment was agreed to cover the cost of Evelyn's other disability related needs.
As Evelyn is a protected party and therefore unable to confirm her agreement to the terms of settlement agreed between the parties, Court approval was required and obtained in October 2024, bringing a near nine year legal journey to an end.
"It's a huge weight off our shoulders that we reached a settlement which will enable Evelyn to have a comfortable, fulfilling future - and it's all down to the hard work put in by Mark.
"He has worked tirelessly to ensure Evelyn will have all she needs for the rest of her life. We will forever be grateful to him for all he has achieved for Evelyn"
Contact us
For further information about cerebral palsy claims and birth injury claims, please call Mark Bowman on 03304606794 or email mark.bowman@fieldfisher.com.
Alternatively
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