£5.75 million award - one of the highest yet for a cerebral palsy claim

RW was born at Milton Keynes General Hospital on the 10 September 1995. As a result of negligence at the time of her birth, she suffers from severe dyskinetic cerebral palsy, speech and learning difficulties and will need care for the rest of her life. RW has been cared for by her family in unsuitable accommodation, her mother having given up employment to be her full time carer.

Following a letter of claim on 20 March 2000, liability was denied by the hospital and so proceedings had to be issued. The hospital denied any fault and following a trial on the 11 April 2005, judgment was entered for RW and an immediate interim payment obtained so that a care regime could be put in place for her while the value of the claim was determined. Further interim payments enabled a suitable bungalow to be purchased and for RW to attend a specialist school.

A trial to determine the value of the claim was listed for 29 January 2007 and shortly before that, agreement was reached that RW would receive a total of £5.75 million to provide for the rest of her life. The approval hearing took place on the 29 January 2007 where the award was approved. Sue Jarvis, partner at Blake Lapthorn Tarlo Lyons, specialising in clinical negligence (and particularly in cases involving cerebral palsy) represented RW throughout the case and was ably assisted by Joanne Carver.

"This is one of the highest awards given for a cerebral palsy claim in this country. We are delighted that despite this being an extremely complex case, we achieved such an excellent result for RW and her family" Sue said.

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