Settlement in clinical negligence case against Hospital secured

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Our Clinical Negligence team is pleased to announce that its client, Amy Smith, has been awarded significant compensation from Northwick Park Hospital in respect of negligent treatment at the time of her birth. 

At a hearing in the Royal Courts of Justice on Thursday 9 December 2010, the Court approved an agreed settlement and ordered that Amy should receive compensation totalling just under £9 million. The money will be paid as a lump sum and annual payments each year for the rest of Amy's life. The monies will be held in the Court of Protection and used to help to provide accommodation, care and equipment that she will need.

Amy was born on 10 September 2002, 20 minutes after her twin sister. The Defendant Trust has admitted that as a result of its failure to deliver Amy within five minutes of her twin sister in the presences of signs of fetal distress, Amy suffered brain damage. The brain damage has manifested itself into severe dyskinetic cerebral palsy, and learning difficulties.

Amy has a poor sense of safety and requires care and attention around the clock.

Any property that she lives in will require substantial modification and she will never be able to manage her own affairs or earn her own living.  She will need constant care for the rest of her life.

Amy's parents have cared for her lovingly but they brought a claim because they are concerned that they will not be able to provide the degree of care and attention that Amy will need for the rest of her life.  The award will enable such care to be provided even when Amy's parents are no longer there to care for her as she is likely to live until she is at least 70.

Sue Jarvis who is a partner at Blake Lapthorn and heads the firm's Cerebral Palsy team in Oxford said: "This is a very good settlement for Amy because her family now have the reassurance that she will receive care for the rest of her life."

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