7-Year-Old Wins Record Damage Award in Birth Injury Negligence Case

In what was likely a record-setting birth injury settlement, a seven-year-old London girl who sustained life-altering injuries at the time of her birth was awarded millions in damages against the hospital and staff found to be responsible. The plaintiff prevailed following a three-day hearing held at London’s High Court back in December during which her claims against King’s College Hospital NHS Foundation Trust were presented.

Background of the allegations

According to the birth injury lawsuit, negligence on the part of hospital staff during the course of her delivery in October of 2007 caused her to experience severe oxygen deprivation. This in turn resulted in profound cerebral palsy which has impacted all four of her limbs. Now completely dependent on others for her care and daily needs, the plaintiff is, according to her arguments, trapped in a body that will permanently be unable to to what she wishes. Though King’s College Hospital NHS Foundation Trust did acknowledge liability for the woman’s injuries, certain portions of the damages claimed were in fact disputed in what was a contested trial.

Damage award sets national record

At the end of the hearing, Ms. Totham was awarded 10.1 million in damages, roughly the equivalent of over 15.3 million U.S. dollars. It is believed that this represents one of the largest awards ever made in a personal injury case in Britain.

The damages are intended to cover all of the plaintiff’s past, present and future medical care and treatment as well as the loss of future earnings. An attorney in the case reinforced the notion that while no sum of money could adequately compensate the victim for what she has suffered, an award of this size will enable her to receive the lifetime of specialized care she will certainly need and will help her live as full a life as may be possible.

Lifetime effects of cerebral palsy on birth injury victims

There can be no doubt about the massive challenges that face those diagnosed with cerebral palsy. The condition itself is caused by an abnormality or disruption occurring during brain development, and is often the product of prenatal maternal infection or lack of sufficient oxygen to the brain during a traumatic labor and delivery process. The latter cause is all too frequently attributable to negligent acts or omissions on the part of medical professionals attending the victim’s birth.

Common errors leading to this type of fetal birth asyphyxia include improper heart rate monitoring, failure to identify the need for prompt C-section delivery or other intervention, or failure to diagnose pelvic fit problems in advance of delivery.

Youngsters with cerebral palsy will almost certainly have an arduous journey ahead of them that includes physical, developmental and emotional difficulties. The medical treatments, therapies, interventions and ancillary accommodations required are extraordinarily expensive and can prove financially crippling to families who simply want to provide the best available care for their loved one.

For this reason, many parents of children who have sustained life-changing disability file a birth injury lawsuit, not only as a means to secure not only monetary compensation, but also justice and accountability.

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