The 13-year-old Claimant in the case had been unwell with a viral illness at 17 months of age. He was seen in the A&E Department of Alder Hey Children’s Hospital having suffered a seizure and suffered a further seizure whilst he was there. He was sent home and returned to hospital a few days later. Despite this he was not diagnosed with the viral illness until some 5 days after he had first attended.

As a result of the delay in diagnosing his condition, the Defendant suffered catastrophic brain injuries which caused profound impairments and intractable epilepsy. This meant that he had very significant care needs and would need 24 hour a day care, a specially modified home and equipment, and specialist medical therapies for life.

Liability was admitted by the Defendant, with only one point remain in dispute between the parties namely whether or not the boy would have had some mild cognitive difficulties and epilepsy in any event.

The case settled and the award approved by the Court was worth in the region of £27.3 million. The award included a lump sum plus periodical payments throughout his life.

As the Claimant is aged under 18, the settlement in his claim had to be approved by the Court. You can find the details of the Court’s approval  of the settlement here: EXN-v-Alder-Hey-111121.pdf (judiciary.uk)

Chris Malone and the Powell & Co team have considerable experience and expertise in brain injury claims including but not limited to those relating to:

• brain injuries at birth leading to cerebral palsy
• delay in diagnosis of meningitis
• delay in diagnosis of brain tumours
• substandard medical treatment
• traumatic brain injuries

Legal aid may be available for claims involving babies brain injured before or during birth or in the first 8 weeks of life. In cases in which legal aid is not available, if we are able to assist, we usually offer a Conditional Fee Agreement (no win, no fee).

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