Kerry Fifield; Partner has acted on behalf of a child following an injury sustained during her birth.
The claim was brought on behalf of her family against the Defendant Trust. Following receipt of the Letter of Claim the Trust made an early admission in respect of a 53 minute delay during the course of the labour which caused severe hypoxic-ischaemic encephalopathy and permanent neurological damage.
Judgment was entered on behalf of the Claimant and interim payments received from the NHS Litigation Authority so that appropriate care, case management could be put in place. It also enabled the family, through their Deputy; Anthony Fairweather of Clarke Willmott, to purchase a suitable property which then had to be adapted to suit the Claimant’s complex needs.
Expert reports to assess the value of the claim were obtained from Paediatric Neurologist, Occupational Therapist, Care Expert, Physiotherapist, Orthotist, Speech and Language Therapist and Accommodation Expert.
Although it has been a very difficult time for the family as a result of the litigation the Claimant has benefited from receiving appropriate care, support and therapy and successfully pursued a First Tier Tribunal in respect of the Statement of Special Educational Needs, this was successful which lead to a move to an appropriate school which could meet the child’s complex needs.
The claim was approved in the Royal Courts of Justice earlier this year. Counsel instructed was Julian Picton QC and Jane Tracy Forster both of Hailsham Chambers.
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