Cerebral Palsy Victim Awarded Substantial Damages

An eight-year-old boy who developed cerebral palsy after mistakes were made during his birth has been awarded a damages settlement worth millions of pounds.

Because of the medical blunders, the child, known only as ‘A’, has severe disabilities. Although the NHS Trust involved admitted liability, the amount of compensation was not fixed earlier because at that stage the exact nature of his disabilities was unclear. A was given interim payments to cover the cost of his care until a more accurate assessment of his needs could be made.

Over time, it has become clear that A is unable to move independently, cannot talk or eat normally and is dependent on others in almost every area of his life. He is, however, able to use eye-tracking software to help him communicate with others.

In spite of the severity of his condition, A’s compensation claim was in dispute until it was finally settled one day before the case was due to go to court. It was then agreed that he should receive a lump sum of £2.86 million plus annual payments of £200,000 per year until he is 21, then £215,000 a year for the rest of his life. The annual payments are index linked to the Annual Survey of Hours and Earnings: Occupational Earnings for Care Assistants and Home Carers (ASHE 6115).

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

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