Ashtons Legal helps to obtain compensation for 45 year old Kent cerebral palsy sufferer

The Courts have today approved a substantial financial settlement which will ensure that a 45 year old woman from Tenterden can be cared for appropriately for the rest of her life.  Susanne Turner was born in the Buchanan Hospital in St Leonards on Sea in April 1967.   As the result of a series of errors in her mother Sandra’s treatment, Susanne was effectively stillborn and had to be resuscitated for several minutes before she began to breathe unaided.  The deprivation of oxygen that she suffered just before her birth has left her with a range of lifelong cognitive difficulties; she needs full-time supervision, will never be able to have paid employment and lacks legal capacity.

Trefine Maynard, a medical injury specialist at Ashtons Legal solicitors, has represented Miss Turner in her case against the South East Coast Strategic Health Authority.  She says:

“Like many mothers in a similar position, Sandra devoted her life to looking after her disabled child and for many years did not seek help through legal channels.  However, when a disabled child becomes an adult, there are different issues to consider, not least the fact of long-term care.  In pursuing this claim on Susanne’s behalf her mother has ensured that she can be looked after appropriately for the rest of her life.  Our only regret is that it has taken over eight years to reach a settlement; there are times at which a much earlier admission of liability by an NHS Trust would save legal costs for all parties and unnecessary anguish for the family.

The majority of standard injury claims have to be brought within three years of an accident occurring.  However, where the person who has been injured is a child, and he or she then goes on to lack mental capacity as an adult, the rules are far more flexible.  This is why we have been able to help Susanne and others in similar situations who have suffered birth injuries but whose parents have avoided legal channels in the early days.”

Mrs Turner adds: “What we feel today is a sense of relief, knowing that Susanne’s settlement will fund her care for the rest of her life and that we have done the best we can for her.”