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6 June 2019
Boy awarded £26 million for lifelong care after catalogue of maternity failures cause severe brain damage
A boy who was left with severe learning disabilities and behavioural problems requiring 24-hour care for the rest of his life after a catalogue of failures at a Chelsea and Westminster Hospital caused brain damage has been awarded a lifelong care package totalling £26 million.
The compensation, which will enable the boy and his family to have some semblance of a normal life, was today given High Court approval after being agreed by his legal team at JMW Solicitors and the hospital trust.
The boy, who cannot be identified for legal reasons, will never be able to live independently or work and will require a team of specialist carers with him every day and night to manage his extremely challenging behaviour. He cannot speak. He requires specially adapted housing so that he can be kept safe and managed while at home.
Appalling mistakes made by the London maternity hospital during his birth caused his brain to be starved of oxygen. After fearing something had gone badly wrong with his delivery his family asked brain injury specialists at law firm JMW to investigate.
The team at JMW found a myriad of errors had been made which included not treating the delivery as high-risk when it ought to have been, poor communication between midwives and doctors and poor monitoring of the baby’s heart rate. After JMW brought a case for medical negligence against the hospital trust on behalf of the family it admitted that its poor care had caused the boy’s brain damage.
Eddie Jones, a specialist brain injury solicitor at JMW who represented the boy and his family in their legal battle, commented: “This is an extremely tragic case as the truth is no amount of money can ever fully compensate this boy and his family for what they have been robbed of. However it can provide the support and care that will enable them to live a better quality of life than they otherwise would have had.
“The mistakes that were made were shocking and avoidable. Guidelines that exist to keep babies and mothers safe were not followed and for that the family is paying an awful price. With adequate management and a few basic steps being taken the boy would have been born without the severe brain damage that he sustained and his family want more than anything for lessons to have been learned.”
For more information or to arrange an interview, please contact Kelly Hindle or Samantha Meakin on the details below:
D. 0161 828 1868
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.