Cerebral Palsy Caused By Birth Injury
Master P, aged 10 at the time of settlement, suffered a period of oxygen deprivation during his birth. He was delivered by emergency caesarean after signs of foetal distress but an avoidable delay in his delivery resulted in Master P experiencing a period of oxygen deprivation which caused him to suffer a severe and permanent brain injury.
Master P suffers from a mixed form of predominantly dyskinetic cerebral palsy. He is wheelchair dependant and reliant upon others for all his personal needs and will remain so throughout his life. Despite his physical disabilities Master P is mentally unimpaired and in full time state education.
Master P’s parents contacted Wolferstans when he was 3 years old. We investigated the claim and obtained a number of expert’s reports from midwifery experts, a consultant obstetrician and neurological experts. All were of the opinion that Master P’s injuries were as a result of the delay in his birth which could and should have been avoided.
Throughout the investigation of the claim the Defendant hospital denied liability. However, court proceedings were commenced and the Defendants shortly after admitted breach of duty and causation of injury, although the extent of Master P’s injuries remained in dispute.
Whilst investigations continued into the extent of Master P’s injuries in order that he could be properly compensated Wolferstans secured an interim payment for Master P in order that his parents could purchase a house which would accommodate his needs.
The Defendant continued to dispute the extent of the Claimant’s injuries and a trial was listed for November 2004. Allowing for Master P’s significant injuries and all past and future projected losses Wolferstans served a final schedule seeking in excess of £4 million. The Defendant strongly disputed these figures and pleaded the case at a value of £2 million.
Shortly before trial a settlement was reached of £3.5 million plus costs.
Wolferstans has continued to assist Master P by setting up a trust for his compensation and with the investment of his damages.