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Medical Negligence

Recent Case Wins

Testament to our national reputation of winning cases and securing maximum compensation for our clients, below is a list of our recent case wins.

Substandard care causing birth injury in North Devon leads to substantial damages

RXH-v-Northern Devon Healthcare NHS Trust

Endurance Arthur achieved an award of £19,919,380.00 for RXH, a 9 year old girl, after negligent care during her birth at North Devon District Hospital left her with severe brain damage and a reduced life expectancy. Her injury affects all four limbs and her speech, swallowing and eating. She cannot walk but can scoot around on the floor and stand briefly with support. She needs 24 hour care and assistance but her intellect is preserved and she is keen to communicate with those around her. As she uses signing, which is only understood by a few who are very close to her, she often struggles to make herself understood and she is keenly aware of the differences between herself and others

As well as helping to overcome the physical impact of her injuries, a major concern in quantifying the claim was to improve her means of communication, her learning opportunities and to provide psychological input to help her come to terms with her plight.

The substantial award will provide security for life in terms of her future care, therapy and equipment needs. It also provides maximum opportunities for RXH to fulfil her potential despite the devastating injuries she suffered during her birth.

A hearing took place at the High Court in London, where Mr Justice Maloney QC gave his approval to a financial settlement comprising a lump sum and annual payments for the rest of RXH’s life. Mr Christopher Gibson QC representing RXH, paid tribute to her parents “who have devoted themselves to making RXH (a) happy and delightful child”. The hospital Trust’s barrister also paid tribute to RXH’s parents and “apologised wholeheartedly to RXH, her parents and her siblings” on behalf of himself and all at the Trust. He said that he recognised that “no amount of money can ever turn back the clock” to undo the damage done.

Endurance said of RXH, “Anyone who meets (her) cannot help but be charmed – she is bright and lively and funny. RXH has much potential to succeed in life despite the extent of the problems she must live with. I cannot wait to see the major difference that the sum awarded to her will make to her life.

Errors during birth led to damages of £6.5m

Child H was left with Cerebral palsy and significant brain damage as a result of the mismanagement of her birth at the Princess of Wales Hospital, Bridgend.

After an extensive legal battle, the hospital’s solicitor admitted that the hospital had managed the birth negligently leaving Child H suffering from significant and lifelong brain damage – she is unable to walk unaided, talk or feed herself and she will in addition, require 24 hours care and assistance for the rest of her life. The award the clinical negligence partners negotiated was made up of a significant lump sum payment as well as tax free annual payments for life, which will cover the cost of providing additional nursing care, equipment and various therapies. This settlement, known as a structured settlement, equates to a lump sum of £6.5 million.

Substandard cardiac surgery at Bristol Royal Infirmary leads to damages of over £3.85 million

Endurance Arthur, Partner, was instructed by the parents of a 19 year old man (B) after negligent heart surgery left him with severe brain damage, epilepsy, severe behavioural problems and autistic traits; he also has a significantly reduced life expectancy.

B underwent surgery to correct a heart defect at Bristol Royal Infirmary in 1992. As part of his case it was argued on B’s behalf that he was denied the better operation for his condition because Bristol had such poor results for it. When the less optimum operation was eventually carried out, it was done incompetently and exposed B to brain damage. However, whilst Bristol conceded that surgery was done in a substandard manner, it argued that the resulting damage was not the type it would have expected to see as a result of the negligence. Endurance secured an award of compensation totalling more than £3.85 million, comprising a lump sum of £1m and annual payments for the rest of his life.

2.9 Million Settlement for 13 year Old Girl Who Suffered Severe Rather Than Mild or Moderate Cerebral Palsy

A team here led by Endurance Arthur achieved an award of damages of roughly £2.9 million for a 13-year-old girl from Poole in Dorset earlier this year. It was an unusual case, in which the girl was delivered by Caesarean section after a critical fall in her heart rate about 30 minutes before her birth. She had no signs of life at birth and only recovered a heartbeat when fervent efforts to resuscitate her brought her back to life 25 minutes after her delivery. Meanwhile, her brain had been deprived of oxygen and the catastrophic damage to her brain resulted in cerebral palsy affecting all four limbs and almost all her bodily functions. She cannot walk or talk and has severe learning disabilities. Her life expectancy is reduced and she requires round the clock care.

The claim was extremely complicated and the legal team had to accept that at best, our client could have been delivered 10 mins earlier than she was. As such would have had mild or possibly moderate cerebral palsy in any case.

The Defendant denied blame throughout although the proceedings. The settlement compensated our client for the additional problems our client has because she suffered very severe and rather than mild or moderate cerebral palsy.

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