Case Study Master AAXT (By his Mother and Litigation Friend Mrs AXT) v Barts Health NHS Trust
Price Slater Gawne’s South East of England based Consultant Solicitor Peter Flory secured over £9.3 Million settlement for a child who suffered brain damage during his birth at the Royal London hospital in July 2008.
At a Round Table Meeting (An RTM is a form of Alternative Dispute Resolution (ADR)) on 16th September 2015, Peter Flory was able to secure an agreed compensation settlement of £9.318 Million with the legal team for Barts Health NHS Trust. It is now Barts Health NHS Trust that manages The Royal London Hospital.
Peter Flory had been instructed when AAXT was only 3 months. He has represented the young boy and his family for over 7 years. Peter was able to obtain an early admission of liability from the Trust and over the years prior to the settlement over £800,000 in interim compensation to fund a complex social rehabilitation program for AAXT, much needed, suitable accommodation, equipment, care and treatment.
Because of the nature of AAXT’s injuries it was necessary to wait until he had reached a certain stage of development to begin investigating the extent of his brain injuries as expert paediatric doctors are not able to provide accurate prognoses until this time.
AAXT had a stormy delivery and soon displayed signs of fitting. He underwent specialist cooling to reduce his potential brain injury but soon developed difficulties with feeding and sleeping. It eventually became clear he had global developmental delay including speech and language impairment, behavioural difficulties and high pitched hearing loss. AAXT was assessed as having normal life expectancy and was diagnosed with Pseudo Bulbar Palsy which meant his motor function was essentially preserved.
Barts Health NHS apologised to AAXT and his family for causing the brain injury and agreed compensation for him in the form of a lump sum payment of £2, 825,000 together with periodical payments from 15/12/2014 of £125,000 for care case management and Deputyship Expenses. The periodical payments will be increased to £190,000 to reflect increasing care needs from age 20. The Trust also agreed to pay AAXT loss of earnings each year for the rest of his life from 15/12/2030.
Peter was appointed as Professional Deputy to manage AAXT’s property and affairs in 2012 and will remain his Deputy after the approval hearing on 3rd November 2015 in the High Court. At this hearing there will also be an application for a Privacy Order to ensure AAXT’s identity is protected.
As his Deputy for property & affairs, Peter will be responsible for purchasing suitable accommodation for AAXT from his settlement award and will manage his care and treatment program going forward with his mother and father which provides for seamless continuity of service to AAXT and his family.