In 2005, Caroline Moore successfully won the case of a 41-year-old man with cerebral palsy, thought to be the oldest reported case for this type of birth injury.

The claimant, a 41-year-old man, received £1,575,000 for the brain injuries sustained during his birth in June 1964. He suffered from spastic quadriplegia and was unable to communicate, as well as having a reduced life expectancy of around ten years.

C sustained injury four decaded before he brought an action against the defendant, South Yorkshire Strategic Health Authority, in 2005. He alleged that it was negligent in failing to act upon the signs of full dilation and foetal distress, but liability was not admitted.

Before his delivery, C suffered a period of chronic partial hypoxia (lack of oxygen), as well as a period of acute hypoxia during breech delivery. This resulted in a permanent brain injury. As a result of his injury, C suffered from spastic quadriplegic cerebral palsy affecting all four limbs. It was not known at what mental age C functioned as he was unable to communicate. He was dependent on others for all his dally care needs. His life expectancy was reduced by 10 years.

Out of Court Settlement

£1,575,000 total damages.

The case was settled on a global basis with no particular breakdown of damages. However, Caroline estimated general damages for pain, suffering and loss of amenity to be £212,810.

 

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Our surgery claims expert:

Caroline Moore

Managing Director/Head of Sheffield Office

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