11 September, 2023
East Lancashire NHS Trust have agreed to pay £6.6 Million after they admitted causing brain damage to a baby at birth. The injury left the Claimant with cerebral palsy.
The Claimant, known only as ASN, as they cannot be named for legal reasons, was born at Burnley hospital, when the Claimants mother was admitted with a history of spontaneous rupture of membranes. The NHS accepted there was a failure to monitor the claimants heart rate immediately prior to delivery and there was a delay in delivering the Claimant who should have been delivered sooner. Following the claimant's birth in poor condition, there was a failure to perform effective resuscitation which caused the Claimants brain injury.
The Hospital barrister told the court, the NHS "sincerely apologise" to the Claimant for their failures and although the payment would help it could not change the outcome.
The compensation will support an ongoing care package, which includes a lump sum payment of £3million, as well as annual payments for the remainder of the claimant's life. It will be used to fund lifetime care, therapies, specialist equipment and accommodation.
The Claimant is unable to communicate or mobilise independently. They will never be able to live independently. The compensation will ensure their future is secure and they can live the best life possible.
The NHS have agreed to make annual payments for the rest of the Claimants life. Not only will the lump sum enable the claimant to be set up for life, it will ensure they have financial security and peace of mind for the future.
The family are pleased the case had come to an end and are looking forward to getting on with their lives.
During the course of the case, the NHS Resolution acting on behalf of the trust, issued a number of interim payments to assist the Claimant with rehabilitation, care and support.
ASN's mum said, "I would like to thank John Bennett and the team at Forbes Solicitors for their support and hard work". She also expressed her thanks to the barrister Andrew Lewis KC from Byrom Chambers who worked alongside Forbes Solicitors.
Find out more about making a cerebral palsy negligence claim here or contact the team on the details below.
For more information contact John Bennett in our Clinical Negligence department via email or phone on 01254 872111. Alternatively send any question through to Forbes Solicitors via our online Contact Form.
Learn more about our Clinical Negligence department here