Medical staff often have to choose between different treatment options, which can lead to...
Personal injury lawyers never cease to be amazed by the tenacity and sheer guts of people who conquer disability to lead active and fulfilled lives. Such qualities were on abundant display in the case of a remarkable young man who received a settlement of over £17 million from the NHS.
The man sustained a hypoxic brain injury shortly before his emergency caesarean delivery. It was alleged that his mother was negligently counselled about the mode of delivery and that there was negligence during the birth itself. Whilst making no admission of liability, the NHS trust that bore responsibility for his care agreed to settle his clinical negligence claim for 90 per cent of its full value.
Following further negotiations, the trust consented to a final settlement whereby he will receive a £6.5 million lump sum, together with annual, index-linked, six-figure sums to cover the costs of his care and case management for life. Based on a life expectancy of 63, the settlement has an overall capitalised value of £17,185,985.
Approving the sensible settlement, the High Court praised his many achievements: although unable to walk, he is very proud of his skill in manoeuvring his wheelchair. He can use a computer keyboard and, far from withdrawing into his shell, he attends college and has a particular passion for high-end cars and sport. The enjoyment he obtains from life is a testament to his determination and his parents' years of sacrifice and deep love for him.
His need for compensation was nevertheless pressing: his cognitive and physical disabilities, severe communication problems and fatigue mean that he is highly unlikely to secure paid employment. His dependence on care is likely to increase as his mobility deteriorates in later life. He has insight into his condition, which at times causes him distress. The Court hoped that the financial settlement of the claim would come as a relief to him and his family and make life a little easier for them.