Laura Jane Gaines (by her mother & Litigation Friend) v South West Strategic Health Authority [2008] LTL 10.07.08

In December 1979 Claimant, aged 10 months, underwent successful cardiac surgery. Two days later, she suffered respiratory cardiac arrest. Resuscitation took 22 minutes, by which time her brain had been starved of oxygen and she suffered catastrophic brain damage. Liability for delay in effecting resuscitation was admitted.

In 1981 the Claimant and her family moved to the United States and the Claimant continued to live there with her mother. Accordingly all her medical treatment and nursing care was purchased privately.

Claimant, aged 29 at settlement , suffered from severe spastic quadriplegia and had profound learning difficulties with gross and fine motor capabilities equivalent to a two month-old baby. She was cortically blind, epileptic, doubly incontinent and fed by gastronomy tube. She had corrective surgery for displaced hips and scoliosis.

A settlement of £4,100,000 (estimated General Damages £230,000) was approved by the Court.