Henry Pitchers KC and Richard Grimshaw, instructed by Jodi Newton and Elline Demetriou of Osbornes Law, have recently settled and had approved a very substantial case arising out of a birth injury.

The baby boy suffered quadriplegic cerebral palsy as a result of hypoxia. The Claimant is severely disabled, suffering hypoxic ischaemic encephalopathy. He has developmental delay and limited mobility and cognition. He is gastrostomy fed.  He requires an extensive package of 2:1 care around the clock, a one-to-one support worker at school, and suitable adapted accommodation, including a hydrotherapy pool. 

The case was initially on track for a liability trial, the Defendant having only made partial admissions pre-action and in its Defence. However, the Defendant then conceded liability at the point of exchange of expert evidence. Directions were then given to a quantum trial, with settlement only being reached six weeks prior to the commencement of that trial.

A sizeable periodical payment order and lump sum award was achieved on the Claimant’s behalf which will ensure that he is able to receive the best treatment and care for the remainder of his life to maximise the potential that he has. The claim settled for an equivalent capitalised sum in excess of £20 million using a projection of his life expectancy to his late 30s.

This young boy and his parents are an inspiration to us all. His and his family’s quality of life will be considerably enhanced by the care, therapies, and accommodation this settlement will provide for them.