Early admission of liability by NHS Trust enabled family to avoid drawn-out claim and resulted in £27.3M settlement
RXZ was born in 2007 at George Eliot Hospital. Not breathing for himself and with signs of respiratory distress he required immediate resuscitation.
The failure of the Trust to correctly manage RXZ’s mother’s antenatal care, along with misinterpreting CTGs over a two day period resulted in increased fetal distress and hypoxia, leading to a severe brain injury following oxygen starvation knowns as PVL (Periventricular Leukomalacia).
Family of RXZ seek help from specialist law firm
Kay Taylor, Partner, and Laura Fenton, Senior Associate, represented RXZ throughout. Both Kay and Laura are specialists in birth injury and cerebral palsy cases at CL Medilaw.
A claim for damages was pursued as a result of the sub-standard care provided to RXZ and his mother.
Trust admits negligence
After obtaining expert evidence an early Letter of Claim was served on the NHS Trust. Their Letter of Response admitted negligence in respect of the management of RXZ’s mother’s antenatal care.
Furthermore, they admitted that their negligence led to RXZ’s hypoxic ischaemic brain injury.
Our expert view
We were determined to get the right result for RXZ and his family to ensure he had the correct level of support and to secure his future. By the Defendant Trust making an admission in the pre-action stage, we were able to obtain early funding for the family before valuing the whole claim for damages. RXZ has used this money towards the purchase of specialist equipment, therapies, suitable interim rental accommodation and the introduction of a care package which has allowed him to maximise his independence at home, in his education and social settings. This final settlement means that RXZ and his family can now have the financial support they deserve to care for RXZ with the freedom to enjoy the role of parenthood rather than carer as it always should have been.
Settlement negotiated with Cloisters Chambers
Working with William Latimer-Sayer KC, Counsel at Cloisters Chambers, Kay and Laura successfully negotiated a financial resolution for the family.
The settlement, approved by the High Court on 4 October 2023, is structured as a lump sum with annual payments to ensure his care and lifestyle needs are met. When capitalised, the overall settlement equates to £27.3M.
The Court specifically paid tribute to his parents, who have provided devoted care to RXZ since he was born 16 years ago and also to RXZ who was described as having a zest for life despite his difficulties.
Cerebral palsy doesn’t stop RXZ from leading a fulfilling life
Now aged 16, RXZ has spastic quadriplegic cerebral palsy affecting his mobility, gross and fine motor control, balance and co-ordination. He also suffers from generalised learning difficulties with global developmental delay.
RXZ understands that his condition impacts significantly on what he can do but he is determined to enjoy all activities open to him and to maximise his independence and pursue his interests in travel, driving and gaming with the support of full-time care.
Family's final thoughts
We are so very grateful to Kay, Laura and the team at CL Medilaw who have worked tirelessly on our case throughout the past 6 years to reach a settlement for our son. We have comfort knowing he will be able to live life to the max with the full support of his care team.
