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WE ESTABLISHED THAT THE FAILURE TO ADMIT BABY PENNY TO HOSPITAL EARLIER WAS NEGLIGENT AND WE NEGOTIATED DAMAGES BY WAY OF A LUMP SUM AND ANNUAL PAYMENTS FOR LIFE.
Penny was born with Down’s syndrome. At seven months old she had a fever and was vomiting. She went to hospital but was discharged. Her parents called the hospital again for further advice but she was still not admitted. She was subsequently admitted to a different hospital where they diagnosed meningitis. We established that the failure to admit her earlier was negligent.
This was a difficult case because it was difficult to prove how much the meningitis made her disability worse, given her Down’s syndrome. However, we established that her cognitive problems (i.e. her ability to think, learn, solve problems, remember and understand) were worse, her stamina was less and she found fine motor control (i.e. her ability to do intricate tasks) harder.
We negotiated damages of approximately £2 million by way of lump sum and annual payments for her for life.
All names have been changed to protect the identities of the individuals