Cerebral Palsy Compensation Claims

Cerebral Palsy is a neurological condition characterised by problems with movement, posture and coordination. It happens when a child’s developing brain is damaged before, during or after birth. It affects one in every four hundred children and possible factors include maternal infection, inadequate oxygen supply to the baby’s brain, premature or multiple birth or trauma during labour or delivery.

It is generally found that 10% of cases of cerebral palsy are attributable to birth complications. Such complications may arise due to sub-standard obstetric management. In such cases it may be possible to recover compensation for the injury and its consequences. These cases are complex, can span several years, often involve emotive issues and, when successful, result in the recovery of substantial amounts of compensation.

Pearson Solicitor’s expertise in cerebral palsy compensation.

Our solicitors are highly regarded medical negligence specialist and have many years experience in handling with cerebral palsy litigation and bringing cases to successful conclusions. It is very gratifying to help deliver justice in these important cases and the compensation awarded can deliver the financial security needed to maximise the long-term quality of life for the child and his or her carers.

We have a team of specialists including lawyers, clinical practitioners and financial advisers to help guide clients through the myriad questions and decisions they face in order to achieve the best possible outcome for them and their families.

Funding cerebral palsy cases

As specialist Medical Negligence solicitors we are able to offer our clients the benefit of Legal Aid to cover the cost of investigating and pursuing cerebral palsy claims. We can also provide advice on alternative methods of funding these cases.

Cerebral palsy compensation case success stories

Child A’s story

Child A suffered asphyxia following a catalogue of errors during a mismanaged birth by the Royal Blackburn Hospital leading to him developing cerebral palsy and severe and permanent disabilities. He will require full-time care for the rest of his life as his intellectual function and all four limbs were affected by the birth trauma

Child A’s disabilities could have been avoided had the midwife and obstetrician correctly interpreted the baby’s vital signs and secured his safe delivery by a natural birth and, if necessary, by using forceps.

The parents sought the help of Pearson Solicitors’s Medical Negligence team who took East Lancashire Hospital’s NHS trust to Court. Child A was subsequently awarded the record sum of £6.4 million in compensation.

At the conclusion of the case, John Pollitt, who led the parents’ case, said in a press statement: “The legal battle has taken over 7 years following a series of denials by the NHS Trust concerned. The medical staff have a duty to ensure that everything proceeds correctly and to at least reasonable clinical standards but this did not happen in Child A’s case. To add insult to severe injury the hospital denied responsibility almost until the very end. But now I am glad to say we have a settlement that allows this family to move on and look to the future with a degree of hope.”

Miss R’s story

Miss R was born in good condition at 34 weeks gestation. She was transferred to the Special Care Baby Unit where there was a failure to act on clear signs of respiratory distress. As the result she went on to suffer brain injury causing cerebral palsy which has affected her speech and movement.The hospital must have known that the neonatal care was sub-standard but failed to be open with Miss R’s family. The family consulted us primarily to get explanations for Miss R’s disability and we advised pursuit of a compensation claim.

Expert evidence was obtained an Obstetrician, a Neonatal Nurse, a Neonatologist, a Paediatric Neurologist and a Paediatric Neuroradiologist on which basis liability was finally admitted and the claim went on to a negotiated multi million pound settlement which included both a lump sum payment and annual payments for the rest of Miss R’s life.

Contacting us

If you would like independent legal advice because you believe that your child’s condition was caused by medical negligence, please complete the contact form and a medical negligence solicitor will call you back for a free no-obligation consultation. Alternatively, call us on 0800 731 1874.

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