Free Claim Assessment.
Complete the short claim form to get a free claim assessment & expert advice with no obligations!
Complete the short claim form to get a free claim assessment & expert advice with no obligations!
Home > Serious Physical Injury
Brain Damage During Birth
Irregular Birth Claim
James Newbury (By His Father & Litigation Friend Richard Newbury) V Luton & Dunstable Hospital Nhs Trust (2004)
Claim For Care Assistance
The claimant, an 8-year-old boy, received £3,700,000 for the brain damage and cerebral palsy sustained during his birth in December 1995. The claimant was unable to walk or talk, and required care and assistance in all aspects of daily living.
Claimant: Male: Newborn at date of accident; 8 years old at date of settlement.
Clinical Negligence: On 8 December 1995, the claimant's mother (M), who was at 41 weeks gestation and who had a history of irregular contractions, was admitted to the defendant's hospital to give birth to the claimant.
Clinical Negligence: On 8 December 1995, the claimant's mother (M), who was at 41 weeks gestation and who had a history of irregular contractions, was admitted to the defendant's hospital to give birth to the claimant.
M’s labour was protracted and she was given prostaglandin and syntocinon to stimulate progress. The claimant was born on 11 December 1995 by emergency Caesarean section. During the birth, the claimant suffered asphyxia, causing him injuries.
The claimant brought an action against the defendant alleging that it was negligent in failing to act upon signs of foetal distress during M's labour.
Liability admitted
Quadriplegic Cerebral Palsy
Injuries: The claimant sustained severe brain damage during his birth, leading to quadriplegic cerebral palsy.
Effects: The claimant was unable to walk, talk or support himself as a result of his condition. The claimant also suffered from epilepsy and gastro-oesophageal reflux. The claimant was completely dependant upon others for all aspects of daily living.
Prognosis: The claimant's condition was permanent, and his life expectancy was reduced to age 33.
Out of Court Settlement (approved): £3,700,000 total damages.
Out of Court Settlement (approved): £3,700,000 total damages.
Background to Damages: The claim was settled on a global basis and no full breakdown of damages was agreed between the parties. The claimant's solicitor estimated damages for pain, suffering and loss of amenity in the sum of £200,000, and costs for care at approximately £2,100,000. The parties agreed a lifetime multiplier of 19 for damages, based upon a life expectancy of 33 years old.
All heads of damage were disputed by the defendant. In particular, the award for education was complex because the Local Education Authority stated that the local special needs school was appropriate for the claimant's needs. His father appealed this decision on the claimant's behalf and chose to move him out of the area to be nearer to a school he considered better able to meet the claimant's complex health and educational needs.
QBD (Clarke J) 2/2/2004
LTLPI 29/3/2004 (Unreported elsewhere)
Document No.: AM0900716
QBD (Clarke J) 2/2/2004
LTLPI 29/3/2004 (Unreported elsewhere)
Document No.: AM0900716
Call FREE now on our 24 hour helpline
Brain Damage During Birth
Irregular Birth Claim
James Newbury (By His Father & Litigation Friend Richard Newbury) V Luton & Dunstable Hospital Nhs Trust (2004)
Claim For Care Assistance
The claimant, an 8-year-old boy, received £3,700,000 for the brain damage and cerebral palsy sustained during his birth in December 1995. The claimant was unable to walk or talk, and required care and assistance in all aspects of daily living.
Claimant: Male: Newborn at date of accident; 8 years old at date of settlement.
Clinical Negligence: On 8 December 1995, the claimant's mother (M), who was at 41 weeks gestation and who had a history of irregular contractions, was admitted to the defendant's hospital to give birth to the claimant.
Clinical Negligence: On 8 December 1995, the claimant's mother (M), who was at 41 weeks gestation and who had a history of irregular contractions, was admitted to the defendant's hospital to give birth to the claimant.
M’s labour was protracted and she was given prostaglandin and syntocinon to stimulate progress. The claimant was born on 11 December 1995 by emergency Caesarean section. During the birth, the claimant suffered asphyxia, causing him injuries.
The claimant brought an action against the defendant alleging that it was negligent in failing to act upon signs of foetal distress during M's labour.
Liability admitted
Quadriplegic Cerebral Palsy
Injuries: The claimant sustained severe brain damage during his birth, leading to quadriplegic cerebral palsy.
Effects: The claimant was unable to walk, talk or support himself as a result of his condition. The claimant also suffered from epilepsy and gastro-oesophageal reflux. The claimant was completely dependant upon others for all aspects of daily living.
Prognosis: The claimant's condition was permanent, and his life expectancy was reduced to age 33.
Out of Court Settlement (approved): £3,700,000 total damages.
Out of Court Settlement (approved): £3,700,000 total damages.
Background to Damages: The claim was settled on a global basis and no full breakdown of damages was agreed between the parties. The claimant's solicitor estimated damages for pain, suffering and loss of amenity in the sum of £200,000, and costs for care at approximately £2,100,000. The parties agreed a lifetime multiplier of 19 for damages, based upon a life expectancy of 33 years old.
All heads of damage were disputed by the defendant. In particular, the award for education was complex because the Local Education Authority stated that the local special needs school was appropriate for the claimant's needs. His father appealed this decision on the claimant's behalf and chose to move him out of the area to be nearer to a school he considered better able to meet the claimant's complex health and educational needs.
QBD (Clarke J) 2/2/2004
LTLPI 29/3/2004 (Unreported elsewhere)
Document No.: AM0900716
QBD (Clarke J) 2/2/2004
LTLPI 29/3/2004 (Unreported elsewhere)
Document No.: AM0900716
For free expert advice, with no obligation call FREE now
on our 24 hour helpline:
I tripped on an uneven pavement. I landed very awkwardly damaging both my right knee and ankle, needing surgery.
Susan Bailey
Susan Bailey
See the AAH tv ad starring Esther Rantzen!
That Means no risk, and no money needed to claim.
