Multi million pound damages for delayed birth
January 2012 - A child from North Cumbria has been awarded a £5.6 million damages package for injuries she suffered during her birth at Cumberland Infirmary in 2000.
The child will receive a lump sum payment, followed by annual payments for the rest of her life.
Clinicians at the Infirmary missed several indicators of a placental abruption and negligently delayed her delivery, causing extensive brain damage. Liability for the child’s injuries was previously agreed, but because of her age and disabilities, the damages award was the subject of an Approval Hearing in London’s High Court on Thursday 19th January. The family was represented by Vicki Jagger from Burnetts, a nationally recognised medical law expert who specialises in obstetric and neonatal clinical negligence claims.
Speaking after the Approval Hearing, the girl’s mother said, “The last 11 years have been very hard. We hope that we can now get the care and equipment that she needs to give her a better life.”
The child’s father said, “We would like to thank our legal team, Martin Spencer QC, Jane Tracy Forster and Vicki Jagger, as well as all the doctors who have since looked after our daughter, especially the team at Newcastle RVI, Dr Stuart at Cumberland Infirmary and our GPs who have done a brilliant job.”
Vicki Jagger said, “This was a very complex case which needed expert evidence to prove liability and in-depth knowledge to properly quantify the damages. Our client is a delightful, cheery little girl, but she is profoundly disabled and is totally dependent for all aspects of her care. This damages award will ensure she has all the care, therapy and equipment essential to maximise her quality of life.”
Vicki added, “This little girl’s case was funded by Legal Aid but, under the government’s current Proposals for the Reform of Legal Aid in England and Wales, other children like her will not be able to access the financial support essential to bring this kind of claim: children who have been severely disabled because of mistakes in their care made by the State will not have adequate access to justice if the government’s proposals come into effect.”
The child’s award will be paid into the Court of Protection and administered by a Court-appointed Deputy to ensure her substantial care needs are met.
To find out about Martin or Jane's availability please contact Hailsham's clerking team T: 020 7643 5000
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