Brain damage leads to £3.3m clinical negligence settlement

A clinical negligence settlement worth £3.3 million has been agreed for a man who was left with brain damage after problems during his birth.

Adam Spinks, who is now 25, is severely disabled and has cerebral palsy as a result of being starved of oxygen during his birth, reports the Bury Times.

His mother Jacqueline stated the last 25 years have been “incredibly difficult” for the family, adding it is “devastating” her son will never be able to live an independent life due to his injuries. “That’s why it’s crucial that the mistakes that were made at his birth are learned from,” she told the newspaper.

A spokesman for NHS North West said the body was pleased an agreement over a clinical negligence settlement has been reached.

Sandra Patton, who heads the Ashtons Legal Medical Injury team, adds: “Almost everyone who brings an injury claim case is concerned to try to ensure that processes are improved and that other people do not suffer a similar injury. In cerebral palsy cases however there is often another concern. We frequently act for families where the parents have dedicated much of their own adult lives to caring for their disabled child without seeking a great deal of outside help or funding.”

As the child grows older, the parents realise that they will not be able to take on the role of carer for ever and decide that the legal route will enable them to obtain sufficient funding to ensure their child’s long-term care. In instances where the sufferer does not have mental capacity the standard rules about the time frame within which a claim has to be made do not apply and we are able to bring claims for cerebral palsy sufferers who are now in their 20s, 30s and 40s.”