Gregory Abrams Davidson’s clinical negligence team has concluded a birth injury compensation claim with a £29 million lump sum settlement for a child left with profound disabilities following failures in NHS antenatal care.
The Claimant was represented by Gregory Abrams Davidson Solicitors, who instructed Chris Barnes KC and Chris Gutteridge of Exchange Chambers.
Securing the right package of care
Having secured admissions on liability, the focus of the litigation shifted to identifying, implementing and stabilising a highly bespoke package of care designed to meet the child’s complex needs. Through close collaboration with the family, case manager and multidisciplinary team, a sustainable regime was established comprising 24-hour two-to-one support, specialist therapies and adapted accommodation.
The successful implementation and stabilisation of that package allowed the parties to assess future needs with a degree of confidence that would not otherwise have been possible.
Why a lump sum rather than periodical payments
Given the particular circumstances, a periodical payments order was not considered suitable.
Following extensive negotiations, the claim ultimately settled by way of a substantial lump sum award, intended predominantly to fund the lifelong care, therapeutic input and accommodation needs. A noteworthy feature of the negotiations was the claimant team’s consistent position that any settlement should provide complete certainty and finality. Accordingly, proposals advanced on behalf of the defendant to address future contingencies, including through clawback provisions, were rejected. The matter was therefore concluded by way of a full and final settlement.
The £29 million lump sum settlement is considered to be one of the highest settlements of its kind, and one of the highest of any settlements secured on a lump sum basis.
Richard Malloy, Head of Clinical Negligence
“Reaching a resolution was important not simply because it brought lengthy and complex litigation to a conclusion, but because it secured a sustainable framework for the child’s future care and support. It is hugely gratifying to know that the family now has the stability, resources and reassurance needed to plan for the future with confidence.
I am also immensely grateful to the family for the trust they placed in me and for the way in which they worked alongside the legal and professional teams through what were, at times, very challenging circumstances. Their resilience, patience and commitment were instrumental in achieving an outcome that will provide long-term security and certainty for the future.
I would also like to thank Chris Barnes KC, Chris Gutteridge and everyone at Exchange Chambers who contributed to this case. It was a privilege to work alongside such a talented and dedicated team. Their hard work, expertise and unwavering commitment were instrumental in achieving a result that will make a lasting difference to the family’s future.”
Chris Barnes KC, Exchange Chambers
“This was a challenging claim assisting a young child with the most profound of disabilities. Consistent and expert input from Richard and the team achieved a favourable outcome that should safeguard his future and ensure the highest possible standard of ongoing care.”
Birth injury and pregnancy negligence claims
If you or your child have been affected by failures in antenatal, maternity or neonatal care, our clinical negligence team can advise you on whether you have a claim and how compensation is assessed. See our birth injury claims page, our medical negligence compensation guide, or contact us for a confidential conversation.
