In an Infant Approval Settlement hearing in which the Claimant was directed to be referred to as ‘NO’ and his mother and litigation friend as ‘PQ’, the Court approved a settlement of the claim by a 6 year old boy who suffered cerebral palsy as a result of an episode of hypoxia at birth resulting from a negligent delay in delivery. Liability was admitted, but causation remained in issue. There was a considerable difference in expert opinion as to what NO’s life expectancy was. (NO’s expert put it at 63.5 and the NHS Trust’s expert at 35). The NHS Trust agreed to pay a lump sum of £2.75m (less interim payments and CRU) and annual ASHE index-linked periodical payments for life commencing at £75,000 pa on 15.12.12 increasing by stages to £202,500 pa on 15.12.25 and thereafter annually for life. The award of damages made (lump sum and periodically payments) is believed to be one of the highest for claims of this kind.
NO (by his mother and litigation friend PQ) v. Queen Elizabeth Hospital NHS Trust, Queen’s Bench Division, May 8, 2012 Spencer J.
Nicholas Yell, instructed by Simpson Millar LLP, acted for the successful Claimant.