Some years before these events, when the young man was 17 years old, a lesion was discovered in his brain stem. He ended up becoming paralysed and he had a tracheostomy fitted to enable him to breathe. A carer from a care agency looked after him from time to time when his family was unavailable.
The carer took the deceased out of his home to the park but failed to take the suction kit with him. The deceased’s tracheostomy became blocked and the carer was unable to clear it. He suffered severe brain damage leading to his eventual death some while later.
A claim was made and there two potential defendants, neither of whom would admit responsibility. It was necessary to issue and serve court proceedings. Terms of settlement were reached for the mother of the young man shortly before trial in the sum of £37,500 damages plus costs.