Severe Brain Damage Claim

Jessica Johnson (By Her Mother & Litigation Friend Wendy Johnson) V Hillingdon Primary Care Trust (2004)

The claimant, a 13-year-old girl, received £4,300,000 for the severe brain damage sustained during her birth in April 1990.
The claimant subsequently suffered from spastic quadriplegic cerebral palsy, learning difficulties and epilepsy. Her life expectancy was reduced and she was reliant on others for all her daily needs.

Claimant: Female: Newborn at date of accident; 13 years old at date of settlement.

Clinical Negligence: On 30 April 1990, the claimant's mother (M) went into labour with the claimant and was admitted to the defendant's hospital. The claimant was the first born of identical twins. In the course of M's labour, there were abnormalities in the claimant's heart rate that was indicative of a severe lack of oxygen. The defendant interpreted the claimant's twin sister's cardiotocograph as that of the claimant. As a result, the claimant suffered an unrecognised period of profound asphyxia immediately leading up to her birth.

The claimant sustained injury and brought an action against the defendant alleging that it was negligent in the handling of its birth, by failing to recognise and respond to abnormalities in the claimant's heart rate, and mistakenly interpreting the claimant's twin's cardiotocograph as that of the claimant.

Liability admitted.

Injuries: The claimant sustained severe hypoxic ischaemic brain damage, resulting in cerebral palsy.

Effects: The claimant suffered from severe spastic quadriplegic cerebral palsy, severe learning difficulties and epilepsy. She suffered from impaired motor skills which affected all four of her limbs. Whilst the claimant was able to move around indoors by crawling, she had to use a wheelchair for all outdoor mobility.

Prognosis: The claimant's injuries were permanent and she would remain dependant on others for all activities of daily living and unable to live independently. It was agreed between the experts involved in the case that the claimant's life expectancy was 68 years of age.

QBD (Owens J) 15/3/2004

LTLPI 30/3/2004 (Unreported elsewhere)

Document No.: AM0200582