statement from Blake Lapthorn Tarlo Lyons regarding successful clinical negligence claim valued at over £7 million

Blake Lapthorn Tarlo Lyons is pleased to announce that its client, Mr Nicky Smith, has been awarded substantial compensation from Oxford Radcliffe Hospitals NHS Trust in respect of negligent treatment at the time of his birth.

Nicky was born at the John Radcliffe Hospital in Oxford on 17 February 1984.  He claimed that as a consequence of a failure of the hospital to appropriately treat an infection at the time of his birth, he suffered a severe brain injury and subsequently developed spastic quadriplegic cerebral palsy.  Consequently, he has gone on to develop various contractures and scoliosis.  Nicky has never been able to mobilise independently and is totally wheelchair dependent.  He requires 24-hour care.  As a result of the negligence, Nicky is severely mentally retarded and his ability to communicate is very limited. 

Nicky, who is now 24-years-old, has received substantial loving and devoted care from his parents and family throughout his life.  He lives in the family home in Milton Keynes and with the help of his compensation he has been able to purchase a bungalow in the area suitable for his special needs so that he can receive the 24-hour care that he needs.

In February 2007, the Oxford Radcliffe Hospitals NHS Trust accepted 90% liability for the injuries sustained by Nicky as a result of the negligence at the time of his birth and at a hearing at the Royal Courts of Justice on the 1 April 2008, the Court approved an agreed settlement and ordered that Nicky should receive a sum of £2.5 million in addition to annual payments of £170,000.00 that he will receive for the rest of his life to pay for his care.  The compensation is equivalent to an award in excess of £7million. 

Nicky was represented by Sue Jarvis, Clinical Negligence partner at Blake Lapthorn Tarlo Lyons in Oxford, who commented: "This is an excellent settlement for Nicky because not only will he and his family have the reassurance of annual payments to pay for his care for the rest of his life but he also has a lump sum to enable him to purchase his property and to pay for much needed speech and language therapy, physiotherapy and aids and equipment.  It has already been possible to purchase a property for Nicky which will change his life and mean that he can live as independently as possible with the help of his parents and carers.  Nicky has a reasonable life expectancy and his parents who have provided loving care over many years can now be confident that his needs will be met once they are no longer able to care for him."

For further information please contact Alison McClure in the Clinical Negligence team on 023 8085 7345 or email alison.mcclure@bllaw.co.uk