Megan’s Journey – Overcoming Challenges with Cerebral Palsy
Living with cerebral palsy is a unique experience that presents numerous challenges for those affected.
In this blog post, we share the story of our client, Megan, a young girl who has shown remarkable strength in navigating the obstacles associated with cerebral palsy, and the invaluable legal support provided by our Medical Negligence team. This story outlines problems during birth, which some readers may find upsetting.
Megan's Birth and Diagnosis
Megan's birth was marked by complications. Despite her mother being categorised as low risk, she should have received specialised care due to her high BMI and family history of diabetes. Although the hospital acknowledged their negligence, it was not the direct cause of Megan's brain injury.
A Challenging Journey Begins
Megan's birth was marked by distressing events, starting with reduced fetal movements that led to her mother's admission to the hospital. Although tests initially reassured the medical staff, Megan's mother persisted, concerned by her ongoing pain and the persistent reduction in fetal movement. She returned to the hospital, where a second scan revealed abnormal results, indicating distress for the baby.
When Megan was born, two loops of the umbilical cord were found around her neck, and her birth was accompanied by hypoxic ischaemic encephalopathy, a medical condition that occurs when there is a lack of oxygen and blood flow to the brain, resulting in Megan’s diagnosis of cerebral palsy.
Legal Support and Advocacy
At just 5 months old, Megan's mother sought the legal expertise of Wolferstans Solicitors. Led by solicitor Elizabeth Smith, the dedicated Medical Negligence team embarked on a tireless quest for justice on behalf of Megan and her family. They successfully resolved the issue of liability, allowing for a comprehensive assessment of Megan's needs and an investigation into the value of the claim.
Understanding Megan's Needs
Megan's brain injury resulted in motor difficulties, significant cognitive challenges, and communication difficulties. The brain injury Megan sustained left her with motor difficulties, significant cognitive challenges, as well as language and social communication difficulties.
Two interim payments totalling £100,000 were secured to address Megan's immediate needs while the investigation into the claim's value continued.
A New Path Forward
Our experts sought the assistance of a psychologist to assess Megan's educational needs. The psychologist recommended that Megan receive a Statement of Special Educational Needs, expressing concerns about her ability to thrive in a mainstream secondary school. Efforts were made to reassess Megan and facilitate her transfer to a special educational needs school, resulting in positive changes in her overall well-being.
Securing Megan's Future
As Megan's case progressed, the team pursued further interim payments to meet her evolving needs. Eventually, a trial was set to determine the issue of quantum, where experts would present evidence and arguments regarding the appropriate amount of compensation.
However, 2 months before the trial, the hospital unexpectedly sought to argue that Megan's injuries and additional needs were due to autism rather than the evident brain injury. This argument was strongly contested, and at a subsequent settlement meeting, they agreed not to pursue it.
A Brighter Future
Megan's case reached a settlement of £4,200,000 in lump sum payment, along with staged periodic payments for the rest of her life. The total value of the claim amounted to £15.72 million, ensuring that Megan will have the necessary financial resources to access the care and support she needs throughout her life.
If you or a loved one have been affected by medical negligence, our award-winning experts are here to help.
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