Background to the Medical Negligence Claim
In the spastic quadriplegia case featured below it was agreed that part of the compensation would be paid by periodic payments. Conventionally compensation has been paid as a lump sum. Periodic payments - usually an annual amount guaranteed to be paid throughout the Claimant’s lifetime - can be particularly useful in cases where there are widely divergent estimates of life expectancy, but in the past such arrangements have always been voluntary and have had to be agreed with the Defendants. However, from April 1st 2005 judges have had the power to impose periodic payments and they now also have a duty to consider whether it is appropriate to do so. Even though it is still early days there are signs that the courts may be willing to exert their new powers even when both parties would prefer a conventional lump sum settlement. It will be interesting to see how things develop...
The claimant suffers from spastic quadriplegia and her mother, JA, became pregnant when she was 15 years old. It was difficult to accurately assess her expected date of delivery (EDD). At all her antenatal appointments the fetus was noted to be active but the scan taken 17 days before the EDD showed a “thinnish baby” and a note was made to “keep a close watch on growth”.
At her next appointment 3 weeks later (40 weeks as estimated), JA expressed concern that the fetus, which had previously been very active, was now moving much less.
A cardiotocograph (CTG) trace was carried out for 5 minutes and JA was told that the baby’s heart was “fine” and “not to worry about it”. She was told she should return for her next antenatal appointment a week later.
However, because of JA’s continuing concerns regarding reduced fetal movements she returned to the hospital after 5 days. A CTG trace was carried out at about 15.00 for 23 minutes and then, after transfer to the central delivery unit, a further trace was undertaken at 15.30. There were concerns over decelerations on the CTG trace and at 15.40 the membranes were artificially ruptured. No liquor was present. It was decided that an emergency caesarean section for fetal distress should be performed.
B. was delivered at 16.49 and meconium was passed at delivery. Her birth weight was 2.72 kgs and her head circumference was 34.3cms. She was resuscitated at birth by bag and mask and then started to fit, and an ultrasound scan of the brain showed cerebral oedema. She gradually settled and was allowed home 2 weeks later.
It was alleged that B’s care had been negligent in that the CTG trace taken at 40 weeks was carried out for too short a time and was incorrectly interpreted. It was claimed that this trace showed significant unprovoked decelerations and that JA should not have been wrongly reassured but should have been delivered without delay. It was alleged that had B. been delivered on the day of the first CTG trace she would have avoided all injury.
B. is affected by spastic quadriplegia, more emphatic on the right, and requires a significant degree of care from her mother. She is partially sighted because of cortical visual impairment and she also has moderate learning difficulties .
Outcome to Medical Negligence Claim
Following negotiations the defendants made an offer in the sum of £1,800.000.00. It was felt that this was a proper one to accept as a conventional settlement, but the Defendants were asked to consider structuring part of the damages. They confirmed that they would be willing to pay a lump sum of £1,000.000.00 together with annual payments of £25,500.00 (linked to RPI) for life. The settlement, including the provision for periodical payments. was approved by the high court in Manchester earlier this year.
Spastic cerebral palsy compensation claims due to birth injury are very complex . JMW Medical Negligence Solicitors are recognised as leading specialists in this field. We are able to deal with cases using public funding (formerly Legal Aid) or No Win No Fee in appropriate cases. If after talking to us you decide not to take matters further you are under no obligation to do so and you will not be charged for our initial advice session.
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