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Settlement Helps to Secure Future Care for Brain Injured Child

The devotion shown by parents of children left disabled by clinical negligence never ceases to amaze – but they can rarely cope alone and seeking compensation is really the only means of obtaining all the professional help they need. The point was made in the case of a five-year-old boy who suffered a catastrophic brain injury due to prolonged and avoidable oxygen starvation during his birth.

The boy's range of physical disabilities was as grave as any child could experience. His intellectual abilities had, however, been largely spared and, although he could not speak, he could communicate in other ways. He endured acute frustration due to the things he was unable to do, but was able to experience and participate in his family's life.

After proceedings were launched on his behalf, the NHS trust that managed the hospital where he was born admitted liability and agreed to a final settlement of his claim which has a capitalised value in the region of £20 million. Together with a £5,375,000 lump sum, he will receive index-linked and tax-free annual payments to cover the costs of his care and other expenses for life.

In approving the settlement, the High Court noted that the boy had made terrific progress thanks to the breath-taking and utterly selfless care lavished upon him by his parents. No amount of money could turn the clock back, but the settlement would make the family's life a great deal easier in the future.

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.