EXZ was born at the Wrexham Maelor Hospital. EXZ was born in a poor condition, being floppy at birth with no respiratory effort and a heart rate of less than 100 beats per minute. It was determined that she suffered a brain injury when she was deprived of oxygen during her birth. EXZ has spastic quadriplegic cerebral palsy. She has issues with fine and gross motor control and requires help with almost all areas of her self-care.
EXZ’s family instructed specialist clinical negligence cerebral palsy solicitors at CL Medilaw.
The case was managed by Helen Niebuhr, who after investigations and obtaining expert evidence successfully proved that the medical staff failed to monitor and respond to a very abnormal CTG trace which resulted in a 13 minute delay in delivering EXZ. The expert advice obtained confirmed EXZ been monitored correctly and delivered earlier, she would have avoided her brain injury. The Trust accepted there was a negligent delay in delivery but disputed that this had caused EXZ damage.
After obtaining an admission of liability, CL Medilaw secured an interim payment for the family to enable them to move to more suitable accommodation. In the meantime further evidence was obtained to fully assess EXZ’s future needs, involving experts in care, physiotherapy, speech and language therapy, psychology, accommodation and assistive technology
The final settlement agreement included a lump sum figure of over £7 million together with substantial annual payments guaranteed for the rest of her life to cover her ongoing care needs. This was particularly important in this case given EXZ’s long life expectancy. The total settlement reached over £16.7 million.
Helen Niebuhr, EXZ’s Solicitor has said:
“Throughout this case, EXZ has shown a real determination to overcome her disabilities and lives her life to the full. Her family have supported her throughout and tirelessly continued to pursue a claim until the right outcome was achieved. There is no doubt that no amount of money can turn back the clock or truly compensate EXZ and her family following her injury. However, this sum of money is truly life changing for our client and we are very pleased that this award will allow her to live her life to her full potential and provide assurance for both her and her family the she will have what she needs for the future given that she will not be able to work and will require round the clock care for the remainder of her life”.
EXZ’s parents commented “ EXZ is a happy and very determined girl despite her daily struggles because of her injury. This outcome for her will change her life and take away the worry about the future. We knew something had gone badly wrong and are grateful to the CL Medilaw team for helping us fight to prove that and for the settlement agreed which will ensure EXZ is secure and able to achieve her potential and enjoy life. “
