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Written on 14th June 2021 by

Boyes Turner’s cerebral palsy lawyers secured a liability judgment and an interim payment for a young woman who is physically and intellectually disabled with cerebral palsy as a result of a delayed diagnosis of meningitis when she was a baby.

Despite concerns expressed by our client’s mother and grandmother about the baby appearing unwell, the midwives failed to recognise signs of meningitis infection. They also failed to ask a paediatric doctor to review. If a doctor had seen the baby, antibiotic treatment would have been given in time to avoid irreversible damage to her brain and lifelong disability.

The complex case, relating to events and standards of care from over 20 years ago, was strongly disputed by the defendant and the medical experts disagreed. If the trial judge agreed with the defendant’s experts, our client would not have proven her case, leaving her with no financial compensation to help her family manage her needs arising from her severe disability. Given the importance of compensation to our client, and the high ‘litigation’ risks, it was vital that a liability (fault) settlement was secured to guarantee her substantial compensation. We negotiated a settlement which would give our client 57.5% of the full value of her potential compensation for her injuries and losses. This means that when the case is finally settled she will receive enough compensation to help her pay for professional care in the future when her family can no longer provide her care.

Meanwhile, whilst the case proceeds towards settlement, we secured an immediate interim payment to meet her urgent needs and ease the financial hardship caused by her disability. The court approved the liability settlement.

Read more about this case and others on our cerebral palsy claims website here.

If you are caring for a child or young adult with cerebral palsy or neurological injury and would like to talk to one of our specialist solicitors, free and confidentially, to find out more about making a medical negligence claim, contact us at cerebralpalsy@boyesturner.com.