Medical Negligence News

Judge Approves Settlement of Maternity Medical Negligence Claim

Posted on: October 26th, 2012 by Medical Negligence

A high Court judge has approved a £6 million settlement of a maternity medical negligence claim in favour of an eleven-year-old boy who suffers from cerebral palsy.

On April 14th 2001, Joseph O´Reggio was born at Birmingham´s New Cross Hospital with cerebral palsy after his heart rate had fallen several hours previously and he was starved of oxygen in the womb. Joseph now needs around-the-clock care and is unable to communicate verbally or feed himself.

On Joseph´s behalf, his mother made a maternity medical negligence claim against the Royal Wolverhampton NHS Trust – alleging that a decrease in Joseph´s foetal heart rate had been identified during the morning of Joseph´s birth, but a consultant had not been summoned until 10:00pm in the evening evening.

The NHS Trust admitted in 2011 that Joseph should have been delivered as soon as a decrease in his foetal heart rate was discovered, but denied full responsibility for his birth injuries. Instead the NHS Trust agreed to accept 80% liability and the claim was put on hold while a review of Joseph´s future needs was conducted.

At the Royal Court of Justice this week, the final settlement of the maternity medical negligence claim was approved. In addition to the interim payments of compensation the family has already received, Joseph will receive a lump sum payment and index-linked tax free periodic payments for the rest of his live.

Based on Joseph´s life expectancy, the total value of the settlement is estimated to be in excess of £6 million, and it will allow Joseph´s family to move into a modified house which is equipped with the specialist rehabilitation tools Joseph will need to develop his sight, hearing, touch and taste senses, his language skills, and his hand-eye coordination.