Fieldfisher’s Jane Weakley and Gemma Wells have recovered £28m for a girl who suffered a severe brain injury at birth after negligent errors during labour.
The child, whose name has been changed to Mia to protect her anonymity, was born at Queen’s Hospital in Romford.
Barking, Havering and Redbridge University Hospitals NHS Trust previously made a full admission of liability, accepting that negligent care led to a delay in Mia’s delivery.
Following settlement, the family said: “This settlement means everything to me and my family, as it brings peace of mind knowing that my daughter will now have access to the support she needs for the future.
“Jane and Gemma have been outstanding from the very start. Their dedication and professionalism have been second to none and provided me with the comfort and reassurance I needed throughout the process. They are a great team and a true credit to Fieldfisher.”
Mia suffered severe hypoxia-ischaemia, meaning her brain was deprived of oxygen and blood flow, causing a brain injury.
If proper care had been given, Mia would have been born in good condition.
Mia’s birth injury has resulted in profound, lifelong needs that have become increasingly apparent as she has grown.
Now of primary school age, she lives with severe cognitive and language impairment, significant behavioural dysregulation, meaning difficulty regulating emotions and behaviour, and a complete lack of danger awareness.
Her inappropriate over-friendliness with strangers places her at constant safeguarding risk, meaning she cannot be left unsupervised at any time.
Mia also has epilepsy, a condition that causes seizures, which are unpredictable and most likely to occur during the night or early morning.
Those caring for her must be trained to recognise seizures and administer emergency medication when required.
As she gets older, her physical needs are expected to increase, with experts anticipating a gradual decline in mobility in adulthood.
She has a life expectancy of around 83 years and will always be wholly dependent on others for all aspects of daily living and staying safe.
Mia lives with her mother, who is a single parent and has provided care since birth.
During the week, professional carers support Mia at home alongside her mother, while extended family provide further help at other times.
Despite this network, Mia’s need for 24-hour supervision places significant emotional and physical demands on those caring for her.
Following the trust’s admission of liability, a specialist case manager was appointed to coordinate a multidisciplinary team of professionals from different specialisms.
This has helped ensure that Mia receives consistent support, including speech and language therapy, physiotherapy, occupational therapy, psychology input and specialist neurological oversight for her epilepsy.
A structured care regime has helped support Mia’s development while reducing pressure on her family.
Mia has also benefitted from music therapy, which brings her great joy.
She particularly likes the piano and drums, and the activity has improved her communication and confidence.
Jane and Gemma instructed a range of specialist medical, education and therapy experts to give evidence in Mia’s claim.
More than £2m in interim payments were made to support her care before the claim settled.
The final settlement has a total capitalised value of around £28m, comprising a substantial lump sum and index-linked periodical payments for life.
Anna Bond and Kirstie Chambers, in Fieldfisher’s Court of Protection team, will manage and invest the funds to help ensure they last Mia’s lifetime.
The settlement provides lifelong financial security and is intended to ensure Mia’s complex needs are met.
It will fund 24-hour care, including waking night care, ongoing case management, specialist therapies, adapted transport and assistive technology.
It will also allow the purchase and adaptation of a suitable home designed around Mia’s safety, mobility and care needs.
