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Youngster with cerebral palsy to receive multimillion pound care package
JMW has secured a multi-million pound care package for an eight-year-old girl who has severe cerebral palsy due to mistakes made prior to her birth that starved her brain of oxygen.
Ayla Ellison, of Ulverston, Cumbria was born with significant brain damage due to serious errors which were made by maternity staff at Furness General Hospital, Barrow prior to her delivery.
Her devastated parents Carla and Daniel Ellison were helped to challenge the mistakes that were made by Olivia Scates, a partner at JMW Solicitors LLP, who specialises in helping those who have suffered birth injuries to make claims.
Ayla is unable to move and requires hoisting for all transfers. She suffers with epilepsy and is also registered as blind. She is nil by mouth and has to be fed via a feeding tube into her stomach. She also suffers from extremely painful muscle spasms and screams in agony most days. She is fully dependent on others for all of her needs and she will never be able to live independently and requires constant 24 hour care.
After investigating the care provided to Ayla and finding serious errors by maternity staff, Olivia secured an admission of negligence from the Morecombe Bay NHS Foundation Trust in 2012. The trust then agreed to pay for life-long care for Ayla of £225,000 a year rising to £290,000 per year when she is 19.
However after a trial in the High Court in London in February 2015 a judge ruled that the trust must pay Ayla additional compensation as a lump sum as well as the current periodic payments. The money secured will enable her family to install a hydrotherapy pool and provide equipment and therapy that she will need in the future. The hydrotherapy pool will provide pain relief for Ayla when she is in severe pain from the uncontrollable spasms she suffers due to her cerebral palsy as no other forms of pain relief work.
Olivia commented: “This was a hard fought battle for Ayla and I am delighted that she will receive the compensation she needs for her devastating injuries. It is important that people appreciate that the money is for Ayla alone and to provide for her needs, as assessed by the court.”
Ayla Ellison’s mother and father Carla and Daniel Ellison, who have three other children, commented: “It is a huge relief that we now know that Ayla’s 24-hour care will be provided for, and that she will get everything she needs to help relieve the pain she is in every day. There have been some tough times for our family over the years and as parents we just want the best for Ayla and to ensure she is properly taken care of – the compensation is for her life being ruined. It is reassuring to know that we no longer have to fight for that we can finally begin to move on with our lives and focus on ensuring our family is safe and protected.
“Obviously we still think about what happened at the time of her birth and hope that lessons have been learnt and standards improved in light of Ayla’s tragic case.”
A report into maternity units run by University Hospitals of Morecambe Bay NHS Foundation Trust which operates maternity units in hospitals in Cumbria and Lancashire will be released at 12noon tomorrow. The investigation was ordered by Jeremy Hunt.
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Note to Editors
JMW Solicitors LLP is one of the leading Manchester law firms and offers a broad range of legal services to both commercial and private clients. We are committed to providing legal services in a cost effective and timely manner.