Barrister: Stuart McKechnie QC

ABC v. Epsom & St Hellier Hospital NHS Trust [2019]

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£3.7 million lump sum and PPO award (£42,500 up to £128,000) for 19 year old young lady who suffered a period of severe asphyxiation at birth causing hypoxic brain injury and the development of a mild form of dystonic cerebral palsy. The Claimant continued to suffer from a variety of deficits and disabilities including developmental amnesia and visual processing difficulties. There were particular difficulties in this case as the Claimant’s motor skills were largely unaffected and her presentation was misleading in that her social skills, verbal intellectual ability and expressive language presented quite normally. As a result, her memory and executive difficulties were often underestimated or missed. The expert evidence obtained by both parties differed on the extent of support required post education and leaving the family home. The case was settled at a JSM and the settlement subsequently approved at the High Court by Martin Spencer J. Stuart was instructed by Deborah Blythe at Russell Cooke

 

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