Multi-million pound pay-out for brain damaged man

23/01/2012

A former Radcliffe man has been awarded £3.35 million in compensation after suffering brain damage during his birth at Fairfield Hospital, Bury more than 20 years ago.

Adam Spinks, now 24, has cerebral palsy which has left him severely disabled and he will forever require special care.

Clinical negligence lawyer Sally Leonards, of law firm JMW Solicitors, represented the family in a legal battle with the North West Strategic Health Authority, securing the multi-million pound pay out. While the authority has never accepted full liability for Adam’s condition, they agreed to settle the case by paying compensation worth 50 per cent of the full value of his claim. 

Adam’s parents Jacqueline and Alan Spinks, who lived in York Street at the time of Adam’s birth and both worked as psychiatric nursing assistants at Prestwich Hospital, have welcomed the pay-out, but warned that lessons must be learned from their case.

Jacqueline commented: “The past 24 years have been incredibly difficult for the family and we have some tough times ahead, but to know that we have the means to be able to support Adam is an immense relief. However, we don’t want any other families to go through the same situation, so we hope that Adam’s case will demonstrate the devastating effects that birth injuries can have and improve levels of care for pregnant women.”

Adam, who has since moved away from the area with his parents, was starved of oxygen for a time during his birth, due to a delay in delivering him by caesarean section. He was later found to have cerebral palsy, which clinical negligence lawyer Sally Leonards argued was caused by the negligence of  the surgeon, who made incorrect incisions into Mrs Spinks’ abdomen as he had not realised that the baby was in an abnormal position.

Adam is confined to a wheelchair, has severe learning difficulties and behavioural problems, as well as problems with his sight and speech. He requires constant care and living accommodation specially adapted to his needs, which the compensation will cover. 

Ms Leonards commented: “This has been an extremely complicated and long-running case so I am delighted that it has finally come to a conclusion with a successful outcome for Adam and his family. No amount of money will ever substitute for the ability to lead a full and normal life. However making his life as comfortable as possible must be the priority now, and this money will enable his family to do that.”

Mrs Spinks added: “It’s devastating to know that Adam will never go on to do the things we all take for granted and live an independent life, that’s why it’s crucial that the mistakes that were made at his birth are learned from.”

Ends

For more information:

Kelly Livesey

0161 828 1868

kelly.livesey@jmw.co.uk

Note to Editors

JMW Solicitors LLP is a leading Manchester law firm and offers a broad range of legal services to both commercial and private clients.
JMW’s Clinical Negligence team is headed up by leading clinical negligence lawyer, Eddie Jones. For more than a decade he and his team have advised and represented thousands of victims of clinical negligence, and their relatives, and have obtained over 70 million in compensation for their clients, as well as providing the answers as to why their medical treatment has gone wrong.

http://www.jmw.co.uk/services-for-you/clinical-negligence/