Blake Lapthorn secures £7.3 million settlement for client
in clincial negligence claim against Lister Hospital
Blake Lapthorn, one of the leading law firms in the UK, is
pleased to announce that its client Danielle Marshall has succeeded
in obtaining a £7.3 million settlement from the Lister Hospital in
Hertfordshire.
At the Royal Courts of Justice on 21 February 2012, the Court
approved a settlement for Danielle which will see her receive a
lump sum of £2,820,000 and annual payments to provide care for the
rest of her life.
Blake Lapthorn was able to secure the settlement for Danielle
despite the difficulties of bringing a claim because some records
had disappeared and others did not accurately reflect the
procedures that had taken place.
Danielle Marshall was born at the Lister Hospital on 7 June 1999
at 31 weeks' gestation. She was born in relatively good condition
and was making good progress in the Special Care Baby Unit until
she suffered a collapsed lung.
The East and North Herts NHS Trust admitted negligence in
failing to respond promptly to the collapsed lung as a result of
which Danielle suffered a devastating brain injury and was left
with severe mixed spastic and kynetic cerebral palsy, problems in
feeding and speaking and learning difficulties.
Danielle is wheelchair-bound and although she cannot sit
unaided, she manages to use an electric wheelchair.
Despite her disabilities, which mean that she has limited
speech, she is a good communicator with a delightful smile and a
happy disposition that endears her to all who come in contact with
her.
Because of the negligence of the Trust it is unlikely that
Danielle will ever sit, stand or walk unaided and she will never be
able to live independently, obtain paid employment or manage her
own affairs.
Danielle has been cared for lovingly by her family throughout
her life despite Danielle waking up to 20 times each night and
requiring constant care and attention.
Sue Jarvis, a partner at Blake Lapthorn who acted for Danielle
and leads the firm's Cerebral Palsy team, said: "Although
Danielle's life expectancy has been reduced by the negligence of
the Trust, her family are now assured that Danielle's care will
continue to the same high standard as they have provided even when
they are no longer able to care for her.
The lump sum will enable Danielle to purchase and adapt suitable
property and to obtain the aids, equipment and professional care
that she needs to maximise her potential."
If you are the parent of adults or children with cerebral palsy,
please contact Sue Jarvis, head of Blake Lapthorn's Cerebral Palsy team in
Oxford, on 01865 254 293 or
email her at sue.jarvis@bllaw.co.uk
for a confidential discussion.
