Archive for June 2016

Settlement of Compensation for a Birth Brain Damage Injury Approved by Court

A multi-million pound settlement of compensation for a birth brain damage injury has been approved by the High Court in favour of a seven-year-old girl.

The unnamed seven-year-old girl was born at Solihull Hospital in December 2008 after medical professionals failed to notice signs of foetal distress due to the girl being starved of oxygen in her mother´s womb.

As a result of the medical negligence, the little girl is visually impaired, cannot speak and suffers from epilepsy. She attends a special school for children with disabilities, where she has learned to communicate using sounding techniques and switches.

On their daughter´s behalf, the girl´s parents claimed compensation for a birth brain damage injury against the Heart of England NHS Foundation Trust. The NHS Trust quickly acknowledged liability for the medical negligence responsible for girl´s injury and negotiations started to discuss a settlement.

At the High Court in London, Mr Justice Spencer heard that, despite her severe disabilities, the girl was a “delightful child”, who enjoyed going to the beach and who had won several awards for swimming. The judge praised the girl´s parents for the care and devotion they had given her.

Following the reading of an apology from the NHS Trust, Mr Justice Spencer was told the details of the settlement of compensation for a birth brain damage injury. The NHS Trust´s barrister said “the trust hoped the payout would provide financial stability and alleviate the many challenges this family has yet to face”.

The settlement consists of a £2.23 million lump sum and annual tax-free, index-linked payments of £178,000 per year – rising to £280,000 on the girl´s nineteenth birthday. The judge approved the settlement of compensation for a birth brain damage injury, commenting “she is a loving, and much loved, little girl and her parents must be very proud of her indeed” and wishing the family the very best for the future.

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Man to Receive Compensation for a Stroke due to Medical Negligence

The High Court of Justice has approved a care package and settlement of compensation for a stroke due to medical negligence in favour of a 74-year-old man.

The unnamed 74-year-old man was found to have an irregular heartbeat in February 2011 after attending the University College Hospital in London. As he had a history of heart problems – due to which he had been fitted with a stent and a pacemaker – he was prescribed warfarin.

However, due to a communications failure between medical professionals – and despite a second visit to the hospital and numerous visits to his GP – he was unable to access the anti-coagulant drug and, four months later, suffered a stroke.

The consequences of the stroke have been devastating for the man and his family. He is now fully dependant on his wife and children for simple day-to-day tasks and, in addition to his physical limitations, has also lost some of his cognitive abilities.

On the man´s behalf, his family claimed compensation for a stroke due to medical negligence against the University College London Hospitals NHS Foundation Trust. The NHS Trust admitted liability for the errors that led to his stroke and a settlement of compensation that includes a care package was agreed.

The settlement – estimated to be worth seven figures – was recently approved at the High Court of Justice, after which the family´s solicitor commented: “We are glad the settlement has now been approved as the family can live safe in the knowledge that their future is secure and their husband and father will be able to access the care he needs.”

He added: “Sadly, this man was simply not provided with suitable treatment and as a result suffered a severe stroke which has left him with life-changing injuries. He was unable to access the anti-coagulant medication that would have reduced his risk of suffering a stroke and the physical and mental problems he now suffers as a result”.

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