It has recently been reported by Derby Telegraph that University Hospitals of Derby and Burton NHS Foundation Trust have been subject to a birth injury negligence claim. The Trust admitted full liability for "failures of care" leading to a young woman suffering a brain injury at birth resulting in a diagnosis of cerebral palsy and a lifetime of disability. 

The Hospital Trust provided her with a public apology and the claim settled in excess of £17 million, a sum which is becoming a more often sight in such cerebral palsy claims. It is stated that the young woman will receive a lump sum payment of £6.55 million with index linked periodic payments to cover the costs of her care for the rest of her life. 

Cerebral palsy, whilst being a severe neurological injury to have, does not necessarily have a big impact on life expectancy and therefore provisions need to be in place for the long term care needs of such injured parties. The periodical payments stated in the case above show that in the short term she will receive £62,500 a year but this will rise to £164,500 from 2023. As cerebral palsy claimants get older their care needs change and the costs of such care rise. Those involved in cerebral palsy cases need to ensure provision is made so that care needs are met and access to therapies secured. 

Whilst this was not a case within which Freeths LLP were involved we have been acting for a number of different claimants in respect of birth injury cases leading to life changing diagnoses. Over the last two years here in Derby we have been fortunate to achieve a number of settlements between Claimants and University Hospitals of Derby and Burton NHS Foundation Trust with similar values to those reported recently. 

The Freeths Clinical Negligence Team have years of specialist expertise in investigating the care provided to mother and baby leading up to, during and following birth. In particular our Derby team are currently investigating a number of cases relating to injury caused to mothers and babies at local hospitals, including the Derby Royal Hospital and Burton Queens Hospital. These include cases resulting in Cerebral Palsy, brain damage, perineal tearing, PTSD and psychiatric damage, stillbirth, and neonatal death.

If you are concerned about care which you or a loved one have received, please contact a member of our local Derby and Stoke team for a free, informal discussion about your circumstances and how we may be able to help you;

Karen Reynolds, Partner: 0845 272 5677 or

Naomi Solomon, Solicitor: 0845 030 5742 or

Siobhan Genever, Consultant: 0845 030 5774 or

Alternatively, you can contact our National Team:

Carolyn Lowe, Partner (Oxford/Milton Keynes) 0186 578 1019

Jane Williams, Partner (Leicester/Nottingham) on 0845 272 5724

For further information about this news report please visit Derby Telegraph website: 

For further information about our team and how we may be able to help you, visit our website at: