Lifelong care secured for boy left with brain injury after delayed delivery

At nearly ten years old, a young boy who suffered a severe brain injury because of an avoidable delay during his birth finally has access to round-the-clock specialist care and a home adapted to his needs. This was made possible by a settlement secured by CLA member firm Fletchers Solicitors, which will help meet the cost of his care for the rest of his life.

During labour, there were clear signs that he was in distress and needed to be delivered urgently. The medical team, however, did not act quickly enough, delaying his delivery by 57 minutes.

During that time, his brain was deprived of oxygen. This caused a severe and permanent hypoxic brain injury which has affected every part of his life.

Today, he lives with severe cerebral palsy, epilepsy, learning difficulties, double incontinence and a visual impairment. He cannot walk, talk, sit or feed himself and needs help with every aspect of his daily life. His life expectancy is limited to his mid-20s.

His parents were just 18 and 19 when he was born. They have cared for him around the clock throughout his life, giving up their careers or ability to work. The complexity of his needs also means they rarely have opportunities to go out or spend time with others.

They have been responsible for arranging his treatment and ensuring that he has the specialist equipment he needs. This has included physical and speech therapy, hydrotherapy, wheelchairs, hoists, orthotics and specialist seating.

The family was supported by Georgina Tither, a solicitor in Fletchers’ birth injury team. She helped them pursue a settlement based on the extensive care and support their son will need throughout his life.

The NHS admitted full liability. It was found that all of the boy’s injuries could have been avoided if he had been delivered 57 minutes earlier.

Fletchers secured a settlement comprising a lump sum of over £4 million, including interim payments made during the claim, alongside ongoing annual payments. The interim funding helped the family move to a home better suited to their son’s needs and meet their living costs while his parents focused on caring for him.

The settlement means far more to the family than the figures alone suggest. It will provide a full professional care package, with two carers supporting the boy during the day and two at night.

It will also fund the therapies, specialist medical reviews and treatment he may need as he grows. This includes orthopaedic surgery, spasticity treatment and eye care. Provision has also been made for his future equipment, a fully adapted property with a home hydrotherapy pool and accessible holidays supported by carers.

For almost a decade, his parents have carried most of the responsibility for his care themselves. Professional carers will now be able to share that responsibility, while the settlement gives the family greater certainty that his needs will continue to be met.

The legal claim cannot change the injury he suffered or give the family back the years shaped by his care needs. It has, however, secured the practical support they have long needed.

For his parents, that means more time to be his mum and dad, knowing that their son will have the care, treatment and suitable home he needs throughout his life.