Substantial damages for brain injured young man following failures in mother’s antenatal care

A substantial settlement has been approved in the High Court in relation to a brain injury a young man suffered as a result of his mother’s inadequate antenatal care over 21 years ago.

The young man, Mr S, suffered from severe spastic quadriplegic Cerebral Palsy of all four limbs and severe cognitive impairment.

The claim arose from his mother’s antenatal care of her twin pregnancy. It was alleged that the Defendant Trust was negligent in their timely and detailed antenatal scanning, which would have identified Twin-to-Twin Syndrome (TTTS) in 2002. This condition causes an imbalance of the blood flow between the twins where early treatment is necessary to delay delivery until a safer gestational delivery point. Due to the inadequate care, his mother went into premature labour at 26 weeks, where he was born with significant neurological injury and impairment.

Liability was accepted, and reports have been obtained by a number of medical experts to detail the very extensive needs that Mr S has now and how they are likely to develop in the future.

Sharon Allison, Partner and Head of Medical Negligence, who handled the claim on behalf of Mr S and his family by Ashtons Legal, says: “This case has been an incredibly long haul for the family who has tirelessly looked after Mr S and his extensive needs. Whilst the substantial damages tend to be the headlines in these cases, it is important to remember that no parent would choose any sum of damages over an undamaged child/adult who can live life to their own independent potential. It is simply the best alternative to reach in such a catastrophic medical injury.

“I am very proud of the team at Ashtons Legal, who has worked with the family over many years to secure early interim funds to help with immediate needs and to achieve this overall outcome. Due to our strength and breadth in various areas of the law, we have been able to provide a seamless service to cater for what Mr S needs and when he needs it.

“It is the ultimate privilege in any of these cases to become a part of a team with the family and for them to open up in unimaginable ways in the most difficult and often painful of circumstances. Whilst Mr S’s journey with Ashtons Legal continues in the very capable hands of our Court of Protection department to manage his funds during his lifetime, my team’s work is at its end knowing that we have managed to secure responsibility for Mr S’s injuries and financial security for his future to allow him to live the most fulfilled life possible, which I have no doubt, he will”.

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