Having gone to an internationally-renowned children’s hospital for routine surgery, Chloe was left with a life-changing brain injury after being starved of oxygen. Here, we look at the struggle her family have faced in the 12 years since the negligent operation – and how, at last, they have secured a settlement which will ensure she can have the care and support she needs for the rest of her life, while also being able to enjoy a quality of life she would otherwise not have had.
- Names have been changed throughout
Since 2012, life for Chloe’s family has been traumatic – and for Chloe, a world away from the teenage years she should now be enjoying.
After suffering brain damage during planned open heart surgery at Alder Hey Children’s Hospital as a toddler, Chloe now needs round-the-clock care.
Last month, the family received a settlement from Alder Hey Children’s NHS Foundation Trust, which is likely to total in excess of £20million when factoring in the initial lump sum plus annual payments to finance ongoing care and case management.
While a significant amount, it has taken 12 years to secure, with the support of law firm Slater and Gordon – something Chloe’s mum Katie says has only compounded the family’s trauma and struggle since that devastating day in 2012.
“The NHS really needs to look at how long this process takes. Parents commit suicide, marriages break down, they’re often too frightened to have more children. All because of how long it takes to get justice for your child, and how hard that is to achieve,” says Katie.
“People see that you’ve got a big settlement and think you’re millionaires and that we can now go out and buy diamonds and flash cars.
“But what they don’t realise is that this is to pay for the cost of our child’s care, it doesn’t even go to us. It’s all about providing for their future.”
The fight for answers and financial support
After instructing Helen Lewis, a principal lawyer at Slater and Gordon, the family were able to access interim payments to finance therapies, education and equipment to support Chloe’s neuro-rehab.
But in the early days, before any funds could be secured, the family faced a financial struggle, in addition to the emotional, psychological and practical challenges they now faced every day in caring for a daughter with profound disabilities.
“In those early days, we realised our only option was to keep on working to make ends meet and to cover the cost of care for our child,” says Katie.
“We couldn’t receive benefits because we’d have given up work, rather than losing our jobs; we couldn’t give our house back to the bank because we wouldn’t qualify for social housing. Parents are left tired and struggling, with no support.”
Helen Lewis
The family’s struggle was also compounded by the findings of an internal investigation by Alder Hey, which concluded that they were not at fault for Chloe’s brain injury – something that was later disproved in independent investigations, including those by Slater and Gordon.
“When they said it wasn’t their fault, I didn’t believe it. I just knew. As a parent, I think you know,” says Katie.
“They send you a letter telling you nothing has gone wrong – but how many parents will believe them because they don’t know otherwise? How many will be too traumatised, too tired, to pursue it? Not everyone will have the energy and the fight to pursue it as I have, it devastates your whole life.”
After instructing Helen, a specialist brain injury lawyer, the family were able to secure the support of a case manager and a multi-disciplinary team of therapists to support Chloe in her daily life. A private tutor was also found to enable Chloe to access home education, which was found to be much more suitable to meet her needs compared to school education.
“When we first met Katie, we could immediately see her determination to fight for her daughter, to get the answers that she deserved around what went wrong and why Chloe was now forced to live a life dependent upon 24-hour care, rather than being able to enjoy a carefree childhood,” says Helen.
“While we committed to getting to the heart of what happened to Chloe, however long that would take, we were also acutely aware of her needs in the here and now.
“The fact that Chloe needed therapies, equipment, and highly specialist neuro-rehab to help her live her life to the full was at the forefront of our minds.
“As soon as interim funds were made available, a case manager was appointed to ensure support was put in place at the soonest opportunity.”
Making progress through neuro-rehab
Since the onset of her therapies, Chloe has thrived and has made strong progress.
Katie is of course delighted with the advances her daughter has made, to the extent she can now engage in education, but laments the fact this level of rehabilitation is not available through the NHS.
“Money needs to be put into rehab for children – if we’d have tried to afford this ourselves, we’d have probably ended up homeless. It’s just not achievable for families to finance this,” says Katie.
“But through earlier access to therapies, so much progress could be made, which would save the NHS millions in the longer-term. One doctor said to me they believed there wasn’t a big focus on child rehabilitation because they don’t know what they’re missing out on – whereas an adult would realise what they’ve lost. This cannot be the way forward for supporting our children to thrive, and it can’t be cost effective either.”
Happily, Chloe’s settlement – £10.4 million as a lump sum, with an additional annual payment of more than £400,000 per year – will make provision for her therapies for the rest of her life, alongside her care, and also includes funds for measures to enable Chloe and her family to enjoy a quality of life together.
As part of the settlement, Slater and Gordon insisted on provision for a swimming pool – to enable hydrotherapy, as well as exercise and activity with family – and an adapted motorhome, to allow the family to enjoy outings together in an environment that caters for Chloe’s specific needs.
A ‘forever home’ can now also be purchased, which will also include a specially-built classroom for Chloe to continue the home education she is enjoying so much.
The importance of specialist support
Helen and her team at Slater and Gordon are specialists in their field, and are accomplished in securing both answers and significant compensation packages after NHS failings.
Katie says she is so pleased she turned to Helen for support, in what until that point had been a doggedly determined battle by her and her family.
“We have been very fortunate to have such a dedicated, knowledgeable, professional and supportive legal team who have ensured Chloe will be secure and looked after for life,” says Katie.
“We will be forever grateful to Helen and the team at Slater and Gordon.”
Helen adds: “This family’s life was ripped apart through negligent surgery, and now they have received the settlement which gives them the reassurance that their beloved child will be looked after for the rest of their life.
“As well as money to cover the costs of care and therapies, we understood how important it was that they should also enjoy a quality of life – that Chloe could still enjoy her life in addition to the demands of her therapies and rehabilitation. For that reason, provisions like a private tutor, motorhome and home hydrotherapy pool were non-negotiable in this and we fought hard to secure them for this family.
“Katie and the whole family has shown huge strength during the most difficult and traumatic times imaginable, and it’s fantastic that they can now look to the future and take comfort in the fact they have the answers they deserve and lifelong financial security for their daughter. We’re pleased to have been by their sides through this ordeal, and to have secured a really positive outcome.”
Find out more about Slater and Gordon at slatergordon.co.uk
