AB suffered a non-accidental injury at the hands of his natural father at the age of approximately seven weeks, resulting in bilateral and parietal skull fractures. Neurosurgery was undertaken and a subdural peritoneal shunt was inserted. AB was fostered and then adopted by Mr and Mrs A. At the age of 18 months he developed an infection in the shunt.
Initially, a CICA claim was commenced by solicitors instructed by Mr and Mrs A on AB’s behalf. That claim was investigated over a lengthy period of time but the CICA obtained a paediatric neurosurgeon’s report which was critical of the management of the infection of the shunt and supportive of a claim in negligence. With the benefit of Legal Aid, investigations were undertaken in respect of a clinical negligence claim.
The main difficulty in this case was establishing the nature of the injury caused to AB by that alleged negligence compared to the previous non-accidental injury.
Further neurosurgical evidence obtained appeared to indicate that all of AB’s disabilities arose as a result of the non-accidental injury. In those circumstances the clinical negligence claim was abandoned and the stay was lifted on the CICA proceedings.
The matter proceeded to a hearing before the CICA and the gross seven figure sum was recovered by way of General Damages, past and future losses.