Claimant, aged 31 years at date of settlement, brought a claim against the Defendant hospital alleging that a delay in her delivery, in 1977, caused brain injury resulting in athetoid spastic cerebral palsy. Liability admitted.
Claimant suffered involuntarily movements to her arms and legs and was generally wheelchair dependent, although struggled to push herself around indoors. Her cognitive level of functioning was that of a five-year old and accordingly she was unable to obtain work or manage her own affairs. Claimant would require support for all daily aspects of life, suitably adapted accommodation and specialised aids and equipment.
Out of court settlement: £ 3,000,000 lump sum (estimated general damages £225,000); periodical payments (linked to ASHE 6115 90th percentile) for care and case management of £158,500 per annum until age 53 years and £195,000 per annum thereafter.