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News Clinical Negligence 21st Feb 2020

£2.5 million settlement agreed for 9 year old girl with cerebral palsy

Our client, now 9-years old, who suffered brain damage at birth will receive approximately £2.5million after settlement was negotiated by the parties and approved by the court.

The girl, referred to as IY, suffered permanent and severe brain damage during her birth at John Radcliffe Hospital. She now has cerebral palsy, severe learning difficulties, severe visual impairment and epilepsy.

IY’s parents first contacted Freeths’ specialist clinical negligence team in 2011 to investigate the circumstances of her birth and the events which led to their daughter suffering significant brain damage.

Freeths argued on behalf of IY that there had been failures to determine that she was in distress during her mother’s labour and that she should have been delivered earlier than she was. The case was strongly defended by Oxford University Hospitals NHS Foundation Trust who were responsible for the care provided and who denied that her brain injury was a result of medical negligence.

The parties were eventually able to agree a settlement of £2.5 million which will be paid partly as a lump sum and partly through annual payments. The annual payments will increase in line with care wages, to provide guaranteed funding for care for the rest of IY’s life.

Melanie Williams and the Court of Protection team in Freeths’ Oxford office will work with IY’s parents to ensure that she has the best quality of life possible.

Carolyn Lowe, Partner, who heads the Freeths Oxford Clinical Negligence team and who took the lead on the case said: “This settlement has been 9 years in the making. IY’s parents have been committed throughout to obtaining security for their daughter’s future. It has been a long and challenging case but I am happy that in reaching a conclusion we have been able to bring her parents some peace of mind.

Carolyn Lowe

Author: Carolyn Lowe

Partner

Melanie Williams

Author: Melanie Williams

Director and Head of Oxford Court of Protection

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