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On behalf of a child who sustained brain damage at 22
months. B had croup and a narrow windpipe and on 25 February
200 during a physiotherapy session he extubated his endotracheal
tube. 24 hours later there was a further extubation and on
27 February 2000 the tube again became dislodged. Attempts
were made to reintubate but B suffered a cardiac arrest and
he was diagnosed as having suffered a hypoxic ischaemic encephalopathy.
He was born in March 1998. During the course of this case,
B's parents successfully appealed the decision of an Educational
Tribunal and B now attends St Mary's School in Bexhill on
Sea a school that is able to cater for all of his needs. The
Claim related to the injuries B sustained following the extubation
of the ET tube.
The investigation involved preliminary reports by paediatric
neurologist and consultant anaesthetist. In addition further
reports were obtained from joint experts namely Educational
psychologist, speech and language therapist and housing expert.
Single reports were obtained from Nursing/Care expert and
physiotherapists.
We sought an admission of liability which was given in the
Defendants Letter of Response. Proceedings were issued and
a Defence was filed in August 2003. Due to the unusual nature
of B's injury, judgment was entered in January 2004 and the
case was stayed for 2 years to allow the parties to obtain
further expert evidence in relation to B's developmental delay
and movement disorders. The case was reinstated in January
2006 and a trial date was fixed for 19 March 2007. The case
was prepared for trial and a round table meeting to conduct
negotiations took place on 9 February 2007. A settlement was
reached at the end of February 2007 after Independent Financial
advice was obtained in respect of Periodical Payments. The
case settled on the basis that the Claimant would receive
periodical payments (based on RPI (within the meaning of section
833(2) of the Income and Corporation Taxes Act 1988) as follows:-
£28,000 from age 9 to 12 years
£36,000 from age 12 to 19 years
£69,000 from 19 years onwards
Lump sum of £1.2 million.
B also agreed to a local authority reverse indemnity in relation
to any local authority costs.
Infant Approval settlement took place on 19 March 2007 and
issues relating to the Court of Protection arose.
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