This is a complex birth injury claim where liability was hotly contested. There were delays in delivery which resulted in M suffering severe brain damage. He is in the most severe category for cerebral palsy and has a limited life expectancy. His family have spent the last 10 years caring for his every need with limited assistance.
Liability was negotiated at 80% which represented an excellent result with all of the difficulties on liability. Interim payments of damages were secured at that point, Ally successfully arguing for substantial sums in the face of difficulties on quantum due to a short life expectancy. The case is proceeding on quantum only and is listed for a quantum trial in March 2015.
Due to the short life expectancy, novel arguments are being made on quantum, with a potential challenge to the current law on valuation, particularly with respect to lost years claims and Roberts v Johnston accommodation calculations. If this is successful it would result in a change in the law.
If you have been the victim of medical negligence and seek advice concerning a negligence claim, then the Medical Accident Group has expert lawyers with experience dealing in these devastating cases.
We will provide support, help and offer the finest advice to ensure you are not in this alone. Call us on 0800 050 1668