This is an injury at birth case resulting from a lack of oxygen whilst Mr A’s mother had an epidural. Her blood pressure dropped but this was not appreciated for over 20 minutes. An emergency caesarean section was required but a brain injury was identified on scan post-delivery. Mr A was subsequently diagnosed with cerebral palsy.
Mr A has some issue with balance and is at risk of falls on uneven ground. His working memory is weaker than would be expected which means that he needs to record lessons or take notes as well as he can. His speech is affected when he gets tired. He needs some support with cooking, household tasks and writing due to fine to problems using fine movements.
Mr A is a teenager who has worked very hard to achieve excellent educational results despite the issues detailed above. He does all that he can to be like his peers and avoid highlighting his condition.
He would like to be able to say that he will not need any support. However, the expert evidence obtained in the case notes that he will need support as he gets older.
Patricia Wakeford, who ran the case, felt it was important to ensure that case settlement was based on future needs which includes ground floor accommodation, a support buddy when required, wheelchair for outdoor use when he is older, additional care as he ages and case management when needed. Patricia worked with Mr A and his parents to ensure that they agreed with the case plan.
What caused Mr A’s injury?
Lack of oxygen caused by a drop in his mother’s blood pressure during her labour. The baby’s heart rate was not monitored for 20 minutes. Emergency delivery was carried out as soon as this was realised. However, this was too late to avoid the brain damage to Mr A.
This was not a straightforward case initially. Expert evidence was obtained to clarify if a failure in care had caused Mr A’s injury. The experts agreed that it had. Patricia was able to conclude this case this year which will allow Mr A to avoid the trial planned and to concentrate on his studies knowing that the litigation is concluded.
We had to prove that having no monitoring for over 20 minutes was not only a failure in care but also led to Mr A’s present condition. Initially this was denied which meant that we had no option but to issue Court proceedings. Shortly thereafter the failure in care and what it caused to Mr A was admitted.
How we helped
Mr A now has a 7 figure lump sum to buy a ground floor property at a later date. He has money to pay for therapy, care and support. He also has security in that if he has difficulty finding or maintaining work; he also has a payment every year for life to help him manage. This settlement has enabled his parents to feel secure in his future in that he will have the care, support and equipment he needs when he feels that he needs it, even when they are no longer able to provide this.
Mr A wants to concentrate on his study and works very hard. Patricia is sure that he will do well in the future as he has an excellent attitude and work ethic.
