The High Court last week approved a damages settlement of £5million for a lady who had suffered brain damage during her birth at Hammersmith Hospital in the early 1990s.

Staff had failed to react when her mother complained of pain and the child’s heart rate was low in the womb. The delivery was then delayed by 10 hours. The child was starved of oxygen.  Peter was instructed after the claim had been investigated for 10 years by other solicitors and had stalled.

Peter Flory, Consultant Solicitor at Price Slater Gawne, commissioned fresh evidence by way of an MRI scan to establish that damage to the client’s brain had been caused during the delay in delivery. Peter also obtained evidence to confirm that if the delivery had been carried out at the correct time the brain damage would have been avoided completely.

The MRI scan is an established method of imaging brain tissue which can show that the damage done to the brain was likely to have occurred during the delay.

MRI scanning is used in all similar cases involving birth anoxia occasioning brain damage.  This will be welcome news to other families in the same situation who are going through the litigation process.

Imperial College NHS Trust now manages Hammersmith Hospital. The child, now an adult will receive £2.3 million as a lump sum and £112,000 each year from December 2015 for the rest of her life. Amongst other things she needed to buy an adapted home and pay for round the clock care that, in his role as Deputy, Peter has now arranged for her. Secure accommodation and a permanent care package were much need as she is vulnerable adult who is at risk of being exploited because of her brain injury.

Peter feels it is a great advantage being both the Clinical Negligence Solicitor and Professional Deputy for these brain injured clients as the service he can provide at all stages is seamless and very well informed.

She is a very vulnerable character who is at risk of being exploited; her memory is so poor she cannot be left alone.

The case was reported in the London Evening Standard.

http://www.standard.co.uk/news/uk/woman-wins-5m-compensation-after-scan-links-her-brain-damage-to-birth-blunders-9098810.html

If you would like more information please contact Peter Flory on 01732 885496 or peter.flory@psg-law.co.uk

 

Article originally published in Feb 2014.