Judgment secured against Northwick Park Hospital for profoundly and permanently injured child
On 13 January 2010, specialist cerebral palsy lawyer Adrian Desmond from Boyes Turner secured judgment against Northwick Park Hospital in North West London for damages to be assessed in favour of a 5 year old girl who was delivered at the hospital in 2004.
Granted legal aid in 2007, the parents of the profoundly and permanently injured child consulted Boyes Turner's lawyers after reading about their specialist expertise in birth injury claims on the internet.
Initially, liability was not admitted by the Hospital but following the start of Court proceedings in the High Court, liability for the child's cerebral palsy was conceded and judgment entered.
The child is still too young to know what the future will hold for her and so the case has been adjourned for 3 years by which time her future abilities and disabilities should be clear. In the meantime, substantial interim payments will be secured to ensure that immediate assistance can be given to the family to cater for her special needs including care, accommodation, therapies, transport and education. The family can now rest assured that the child's special needs will be fully met for her whole lifetime without the need to call on unreliable and patchy State provision - which was the reason for the family investigating the matter in the first place.
Leading medical negligence lawyer Adrian Desmond said: "Often families feel guilty about investigating claims following birth injury. It is only later when the child is a little older (age 3 in this case) and the parents realise that they cannot cope and that the State will not provide the resources that are needed to support the family that they feel sufficiently let down by public provision that they decide to take action. I never cease to be amazed by the dedication and resilience of families who come to us and just how much of a pleasure it is to act for them and to help them when we are successful. People with catastrophic problems often wear them so lightly."
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