Cerebral palsy and child brain injury
Hay & Kilner have acted and continue to act for many children and young adults with cerebral palsy and brain injury. Cerebral palsy and brain injury in children can happen around the time of delivery or soon after the birth. Some of the causes include delay in delivery, causing deprivation of oxygen; failure to diagnose or treat low blood sugar; and delay in diagnosis or treatment of a serious medical condition, such as meningitis.
Here are some examples of the Cerebral palsy and child brain injury cases we have settled:
Breach of duty by a doctor
Hay & Kilner has successfully settled a claim for £6.5m following a failure by the Defendant GP to adequately assess our client’s symptoms, take a detailed history and refer urgently to hospital for immediate investigation. As a result, our client developed severe complications arising from an infectious process, which would otherwise have been avoided. Our client suffered a severe neurological brain injury. It was successfully argued that he would have made a complete recovery in the absence of the GP’s breach of duty.
Delay in delivery of a child
Hay & Kilner successfully acted for a child who brought proceedings in respect of neurological brain injury arising out of substandard management of his delivery. This caused cerebral palsy and developmental delay resulting in severe learning difficulties, microcephaly and epilepsy.
It was alleged that the claimant’s injuries resulted from asphyxia (a lack of oxygen) at birth. The medical records indicated that the foetal heart rate recording was discontinued during labour and, as a result of which, there was no meaningful recording of the foetal heart rate. It was argued successfully that in the presence of appropriate foetal heart rate recording, the abnormalities would have been detected sooner leading to earlier delivery, thereby avoiding irreversible brain damage.
The claim was settled on the basis of a lump sum payment of £1.652m, periodical payments to the claimant of £130,000 a year up to the age of 25 and periodical payments of £100,800.00 a year after the age of 25.
For further information, please contact Clare Thompson on 0192 232 8345 or emailclare.thompson@hay-kilner.co.uk
Hay & Kilner has an ‘excellent grasp of clinical negligence law and an excellent manner with clients’, and recently settled several high-value claims including a sub-standard knee surgery case and a meningitis case. It also secured a £70,000 award in a dental claim. Clients rate Clare Thompson, Helen Morland and the ‘hugely experienced’ David Bradshaw. The firm has a multi-party action franchise.
Legal 500
Hay & Kilner's ‘efficient, knowledgeable and conscientious' clinical negligence practice settled a substantial number of cerebral palsy claims with a combined value of £20m over the course of 2009, and was retained on the Spinal Injury Panel. ‘Experienced' partner David Bradshaw and the ‘methodical, bright' Clare Thompson are both recommended.
Legal 500
