Compensation payment after medical errors cause cerebral palsy following birth at North Devon District hospital

Posted on 11 February 2020 in Medical Negligence

The parents of a 9 year old girl left with cerebral palsy and catastrophic brain damage during her birth at North Devon District hospital have attended court in the final stage of their fight for compensation. The is one of the most severe cases of brain damage resulting from mistakes during labour. The girl just survived after she was deprived of oxygen during and after her birth, until she was properly resuscitated once she was born. She has been left with profound injuries and a shortened life. Northern Devon NHS Trust which is responsible for managing North Devon District hospital admitted negligence in 2016 after extensive investigations by Tozers solicitors. Working with many experts and specialist barristers, Tozers solicitors then valued the claim for compensation, based on the girl's short life expectancy. An out of court agreement was reached on a 7 figure monetary settlement for the child just weeks before the case was to go to trial. On 10 February 2020 at the Royal Courts of Justice, Mr Justice Johnson approved the settlement. Afterwards, the child's parents said they were pleased that their daughter's claim has been concluded but wished that she hadn't had the injury in the first place. This case has also been reported on Devon Live.

The child's solicitor, Endurance Arthur, is accredited by the Law Society's clinical negligence panel and is rated as a notable practitioner in Chambers & Partners UK and the Legal 500.

She specialises in medical negligence cases, and acts for clients, particularly children, nationally.

If you are considering making a claim for medical negligence, we can help you. Contact us and speak to our experience lawyers.

HXSX (by her mother and Litigation Friend SXSX) -v- Northern Devon NHS Trust

Endurance Arthur

Posted by
Endurance Arthur
Partner & Solicitor

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What our clients say

“The medical negligence team at Tozers are excellent. They are friendly and approachable, and communicate well.”

"From the first phone call I have been supported throughout, with direct communication, clear knowledgeable advice and guidance that made the whole process seem less daunting.”

“All the team at Tozers have been incredible throughout the time we have been working with them. Very professional, consistent, reliable, trustworthy, friendly and always easy to contact with great communications and updates on the case progress. Could not have wished for better solicitors!”

My partner and I suffered immeasurably when our little girl sustained an avoidable birth injury…You need a team who really know what they are doing and who genuinely care. The value of our gratitude may never be fully understood, we feel so deeply indebted to the entire Tozers team.

"Settlement of a complex claim… great all the way through, had a high level of expertise, very professional and supportive. There’s no way we could have done it without them, they took so much worry and strain out of the whole thing and were fantastic… we couldn’t be happier."

Anonymous

"After switching to Tozers, Kate took over our case… professional, honest, friendly but most of all supportive... amazing at her job… Kate became like family... She got great results which far exceeded expectations. I will forever be grateful… I genuinely can’t thank you enough."

Louise

"We worked with Clair, Michelle and Hannah for 6 years on my daughters case. They have been knowledgeable helpful and supportive throughout helping us achieve a positive outcome. I highly recommend them in the specialist area of birth trauma especially brachial plexus injury resulting in Erbs Palsy."

Richard

"I contacted Tozers after the death of my husband... I found Helena to be patient, understanding and empathetic going through every detail of the process... I cannot thank her enough for her time, patience and legal expertise in settling my claim..."

Carol

"From the moment I contacted Michelle regarding my son’s birth injury I felt reassured I’d made the right choice… sympathetic and understanding approach… Michelle’s expertise in my opinion has been phenomenal and she ensured my son got the result he deserved."

Emma

"From the first meeting with Simon we felt confident... communication throughout our whole case was exceptional… expertise in medical negligence and understanding of the issues of having Erbs Palsy... supported us and our daughter incredibly well. I would recommend Simon unreservedly… a truly quality professional."

Gerry

Medical Negligence

Endurance achieved a record settlement of £19.92 million pounds for a 9 year old girl who suffered cerebral palsy…

11 March 2025

Compensation payment after medical errors cause cerebral palsy following birth at North Devon District hospital

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