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The baby, who was born with Down Syndrome, was admitted at
the age of 11 months to the Defendant's hospital with high
temperature, rapid breathing and vomiting. She was diagnosed
with bronchiolitis but her respiratory tract infection was
inadequately treated over the course of the following weeks
and she required transfer to a specialist paediatric unit
where it became necessary to intubate her. Although her condition
eventually resolved, it was not possible to remove the tracheostomy
tube as she was unable to breath without it, and it remained
in place for three years before it could be withdrawn.
As the tracheostomy was carried out at an age when the vocal
chords and speech were developing, damage was sustained to
her trachea causing permanent speech problems. This was compounded
by her underlying Down Syndrome, and she did not realise that
her speech was usually unintelligible to those around her.
Results of the case
This case was complicated by the fact that she had pre-existing
Down Syndrome. The experts therefore had to consider what
her capabilities would have been with the Down Syndrome alone
and without any speech problems. After a meeting held with
the Defendant's legal representatives and subsequent negotiations,
we managed to secure a settlement of £570,000 for her.
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