Settlement in excess of £10 million agreed for 5-year old boy with cerebral palsy

Following a hearing at the High Court in MCW v Brighton & Sussex University Hospitals NHS Foundation Trust, a care and rehabilitation package in excess of £10 million was agreed for a 5-year old boy from Brighton who developed cerebral palsy following complications during his birth.

The young boy has four-limbed athetoid cerebral palsy due the injury he sustained at birth following which he will be entirely dependent on others for the rest of his life. Expert medical evidence found that midwives failed to notice a prolapsed cord and that if delivered 11 minutes earlier, the boy would have not suffered a brain injury.
The settlement will give him access to specialist treatment for the rest of his life, a wheelchair adapted vehicle and suitable accommodation.

As part of the settlement an educational indemnity of £1 million for future education costs was agreed in case the Local Authority place him in an unsuitable school. This is one of the first times this kind of indemnity has been awarded.
Robert Glancy QC and Richard Cartwright represented the claimant. The case was also reported in the press.

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