A girl who was deprived of oxygen for 35 minutes prior to her birth, leaving her with cerebral palsy has been awarded more than £15m in damages from the NHS.
Twelve year old Holly Greenhow was born at Hinchingbrooke Hospital in 2005 and was diagnosed with cerebral palsy leaving her with communication problems and lifelong disabilities all of which could have been avoided had she not been deprived of oxygen during her birth. The family sued the NHS Trust responsible in order to help her ‘live independently’ in the future.
The High Court approved an initial lump sum of £6.4m to be paid with further annual payments leading to a lifetime value of approximately £15m.This money will pay for care and treatment for the rest of the Holly’s life. Payments were agreed on a 75% liability and will start at £100,000 a year, rising to £200,000 following her 19th birthday.
Alex Antelme QC, for North West Anglia NHS Foundation Trust told the court that it was a ‘tragic case’ and that the impact on the child was ‘self-evident’.
Her mother, Fiona Greenhow, confirmed that the £15m figure was based on her daughter living to the age of 60. She further described her daughter as;
“A very sociable little girl and can light up any room with her smile and infectious laugh, however at the same time she is incredibly strong-willed and will not give up until she is understood.”
Despite the outcome at court, Ms Greenhow also lamented her family’s circumstances
“…no amount of money or apology will ever bring back what we should have had…” adding “there isn't a day that goes by that I do not regret what happened the day she was born".
The family will be travelling to the US where Holly will be continuing stem cell treatment which has already led to ‘positive changes’.
Rebecca Thomas, Director of Clinical Negligence at Duncan Lewis Solicitors states as follows:
“The outcome in this case is clearly to be welcomed however, it has taken 12 years to reach a settlement and obtain approval from the Court. NHS Trusts need to respond to Claimant’s affected by breach of duty and negligence more quickly to enable them to obtain the care, equipment and treatment that they need”.
Duncan Lewis Solicitors’ Clinical Negligence team are well-equipped to assist with cerebral palsy claims, due to the limitation period for making clinical negligence claims, we advise you get in touch about making a cerebral palsy claim as soon as possible following diagnosis.
Our solicitors always fight for maximum compensation and will press for interim compensation payments to make sure your baby and family has the care and support needed.
Rebecca Thomas is a Solicitor and Director of Clinical Negligence at Duncan Lewis. She has over 20 years’ experience in her field and represents clients in a wide range of severe and complex cases including claims arising from injury at birth including claims for cerebral palsy, surgical and orthopaedic claims as well as cardiac cases.
To discuss your matter with Rebecca, call her on 020 3114 1309 or contact her via email at firstname.lastname@example.org.
Duncan Lewis Clinical Negligence Solicitors
Our Clinical Negligence team has significant experience acting in a vast array of claims. Varying from A&E failures to GP negligence claims, to misdiagnosed cancer to wrongful death claims.
Our solicitors act for children and adults who have suffered profound and permanent brain, spinal or neurological injuries and associated disabilities as a consequence of failings in medical care in both NHS and private hospitals.
If you have any queries relating to Clinical Negligence or think that you may have a claim, please do not hesitate to contact our team of expert solicitors on 033 3772 0409.