Our client, a teenage girl, who suffered a brain damage at the time of her birth, will receive around £17.4 million pounds after the High Court approved the settlement which will provide her with the care and rehabilitation that she needs for the rest of her life.

The 17 year old girl, who can only be known as ‘WXL’ suffered a brain injury when she was deprived of oxygen during her birth at the Royal Derby Hospital. She was subsequently diagnosed with dyskinetic cerebral palsy affecting her mobility, fine motor skills, balance and coordination. WXL has also been diagnosis with epilepsy as a result of her injury.

The family from Derby, instructed specialist obstetric solicitors at CL Medilaw.

The case was managed by Laura Cook and Jenny Clendining, who after investigation successfully proved that the staff at the hospital failed to monitor and manage WXL’s delivery, resulting in her being born 50 minutes later than she should have been. Had WXL been monitored correctly and delivered earlier, she would have avoided all of her brain damage.

After obtaining an admission of liability from the NHS, CL Medilaw secured an interim payment of £1million for the family to enable them to move to more suitable accommodation and to employ a case manager to coordinate and provide WXL with much need rehabilitation whilst the case continued. In the meantime further evidence was obtained to fully assess WXL’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 £6.5million 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 WXL’s long life expectancy. The total settlement reached over £17 million.

WXL’s mother commented:-

‘I am very grateful to CL Medilaw for all of their help. I cannot thank them enough for what they have done for us in ensuring we get the support our daughter needs for the future.’

Helen Niebuhr in our Court of Protection team has been appointed as Deputy to help with the future management of compensation and funding of WXL’s future needs throughout her lifetime.

Jenny Clendining of CL Medilaw has said:

“Throughout this case, WXL’s family tirelessly continued to pursue the right outcome for her, and WXL herself has shown real determination to overcome her disabilities. There is no doubt that no amount of money can turn back the clock or truly compensate WXL and her family following her injury, but we are pleased that this award will allow her to live her life to her full potential and provide assurance for both her and her family that she will have what she needs for the future. It is vital that the Hospital learns important lessons from the mistakes that have been made in this case to improve patient safety”

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