Oliver’s Story: Cerebral Palsy – Birth Injury Compensation
CL Medilaw secured a multi-million-pound birth injury compensation settlement for Oliver, a child who was diagnosed with Cerebral Palsy following errors in the management of his mother’s pregnancy and his birth.
What Happened:
Oliver is one of twin boys. Shortly after his birth, he was diagnosed with bilateral dystonic and spastic Cerebral Palsy leading to his parents questioning why this was the case, especially as his brother did not have the same diagnosis. They reached out to CL Medilaw for assistance with understanding what might have happened and whether there had been any medical errors, which might have caused Oliver’s injuries.
Our investigations into the circumstances of Oliver’s birth revealed that during his mother’s pregnancy, concerns arose which were not adequately acted upon by the hospital. It was apparent that the hospital had failed to properly monitor Oliver’s growth, despite clear evidence of growth restriction and abnormal Doppler readings. These identical twins’ pregnancy complications, we determined, should have led to an earlier delivery which would have resulted in the injuries that Oliver sustained being avoided.
We also identified further errors in the care that had been provided to Oliver. There were troubling inconsistencies in identifying which twin was which during antenatal scans, highlighting the challenges that can arise with identical twins pregnancy complications and compromising the standard of care. On the day of delivery, there was a failure to respond appropriately to an abnormal CTG, which should have prompted urgent action and an expedited delivery. To compound things further, we uncovered that there were failures in the care Oliver received in the neonatal intensive care unit, particularly in the management of his hypoglycaemia, which contributed to his brain injury.
Legal Action and Admission of Liability:
We submitted a Letter of Claim to the hospital Trust outlining the failures in Oliver’s care. The Trust, in response, admitted that there had been errors in the care they had provided to Oliver. Specifically, that he should have been delivered earlier and that had he been, his injuries would have been prevented.
Changing Lives – What This Means for Oliver and His Family:
As a result of the injuries that Oliver sustained, he is severely physically and cognitively impaired. He is completely wheelchair dependent and requires 24-hour care for all aspects of daily life. He will need this support for the rest of his life.
Following the admission of liability, we secured interim payments to enable Oliver and his family to begin accessing the care and support he urgently needed. This has included professional carers, physiotherapy, specialist equipment to improve mobility and comfort, private medical interventions, and adapted holidays that meet his complex needs. We also helped them move to a bigger and more suitable property.
The next stage of the case saw us gather important evidence from a number of experts from disciplines including accommodation, assistive technology, speech and language therapy, physiotherapy, neuropsychology, care/occupational therapy, ophthalmology, orthopaedics and educational psychology, all designed to assess the impact of the injuries on Oliver and his future needs. There were disputes over certain aspects, including his life expectancy but many of the issues were narrowed at a settlement meeting in December 2024 before agreement was reached early in the New Year and subsequently approved in the High Court.
The birth injury compensation settlement that CL Medilaw has secured means that Oliver and his family will now move into a larger, fully adapted home that can accommodate round-the-clock care and support. The property will be designed specifically to meet his long-term needs. Plans are also in place for a hydrotherapy pool at home, which is something Oliver particularly enjoys and finds therapeutic.
The compensation provides Oliver and his family lifelong security and support, giving them peace of mind and ensuring that Oliver can live the best quality of life possible.
Matthew Heap, Partner, Reflects on the Case:
“The challenges that Oliver and his family have faced during his life have been huge and were the result of avoidable delays and a failure to properly monitor his mother in the weeks prior to his birth – issues that are unfortunately not uncommon with identical twins pregnancy complications. Both of these factors were admitted by the Trust. Without those shortcomings, Oliver would have been born a healthy little boy.
Oliver is a happy teenager despite those challenges, and he is making the most out of life with the support of his loving family. I am pleased that we can now move forward and start making a difference to Oliver and his family’s life through this birth injury compensation award.”
Oliver’s Mother Shares:
“We are beyond grateful to Matthew and his fantastic team at CL Medilaw who have helped and supported us through every step of our case journey. They have all gone above and beyond to get us to where we are now, which is the settlement stage of our case for our son. Securing this birth injury compensation has given us hope for Oliver’s future, and I can’t thank them enough as they all do such a fantastic job.“
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