The child, who is now 13, was the victim of medical negligence when she was nine months old. She was sent home from hospital despite suffering from a devastating staphylococcal illness and, as a result, developed septicaemia. She suffered a brain injury and required amputations of both legs.
Liability was only admitted shortly before breach of duty was to be tried as a preliminary issue in 2014. However, causation continued to be a real issue in the case. A settlement was agreed one week before a 15-day trial on causation and quantum was due to begin at the High Court in London.
The claim included loss of future earnings (she will probably only ever work on a part-time basis because of her injuries), prosthetics and accommodation. The claimant will require specially adapted single-storey accommodation, complemented by aids and equipment to maximise her independent function.
The claimant will, however, still need to rely on support workers for assistance for the rest of her life – the amount of support needed increasing in later life. She will receive a lump sum of £4.7 million and annual payments for care and case management which equate to about £4.3 million over her lifetime.
At a hearing to approve the settlement at the Royal Courts of Justice, Mr Justice Foskett agreed that the compromise brokered by the claimant’s legal team was a good one – and gave special mention to the claimant’s family, who had dedicated themselves to her rehabilitation.