Baby’s Cerebral Palsy Could Have Been Averted with 30-Minute Earlier Delivery

Posted on May 22, 2023 in Medical Negligence
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The birth of a child should be a joyous occasion, but for Harry and his family, it turned into a life-altering event. Read the heart-breaking story of our client Harry, a child born with cerebral palsy, and the medical negligence that led to his condition. Through the efforts of our Medical Negligence team, Harry's family sought justice and support, paving the way for his recovery, and securing his future needs.

Harry's mother, Sarah, experienced an uneventful pregnancy until she arrived at the hospital. The presence of meconium (stool) when her waters broke should have raised concerns about the baby's well-being but the hospital staff failed to act. Sadly, the consequences of these events were revealed shortly after Harry's birth, when he experienced neonatal seizures and was diagnosed with brain damage.

The Impact of Negligence

The negligent delay in responding to signs of fetal distress during Sarah's labour left a lasting impact on Harry's life. He now suffers from cerebral palsy, microcephaly, seizure disorder, delayed speech and language development, and behavioural difficulties. The hospital admitted that Harry should have been delivered 25-30 minutes earlier, further emphasising the avoidability of his condition.

Seeking Legal Support

Devastated by the avoidable circumstances that had forever altered their lives, Harry's mother turned to Wolferstans Solicitors for legal advice when Harry was just a few months old. Recognising the complexity of the case, our Medical Negligence team conducted a thorough investigation, gathering evidence from various medical experts. Their unanimous conclusion was that Harry's injuries were a direct result of the delayed delivery.

Paving the Way for Recovery

With the legal proceedings underway, we secured an interim payment of damages. This allowed Harry's mother to purchase a suitable property tailored to his specific needs. The court granted a pause in the claim to assess Harry's future needs, while a case manager was appointed to assist the family in terms of equipment, care, and therapies.

The Battle for Fair Compensation

Elizabeth Smith, the solicitor handling Harry's case, fought tirelessly for a fair settlement throughout the years. Despite initial disagreements, negotiations between Wolferstans and the hospital eventually resulted in a settlement. Harry received a payment of £6,750,000.00, along with regular annual payments to cover his lifelong care and case management.

Securing Peace of Mind

The settlement not only provided financial security but also ensured lifelong peace of mind for Harry and his family. We secured variable damages, enabling Harry to apply for increased support if his condition deteriorates significantly in the future. With a capitalised value of over £19.8 million, the settlement empowered the family to plan for Harry's future needs.

Beyond Legal Support

We furthered our support by establishing a trust to safeguard Harry's compensation and now expertly manage the investment of his damages. The team's unwavering dedication exemplifies that their commitment extends far beyond the legal proceedings.

If you have been affected by medical negligence, our award-winning experts are here to help you and your loved ones.