THE TYPE OF CASE WE DO:

INFANT; ASTHMA; BRAIN INJURY

TUCKER V BARNSLEY HEALTH AUTHORITY (2002)

Aged 4 T was admitted to hospital suffering a severe asthma attack. There was a substantial delay in commencing ventilation and the ventilator failed on a number of occasions.

T suffered brain damage due to lack of oxygen affecting her cognition, communication, and mobility.

BREACH OF DUTY

It was T's case that ventilation was not started promptly or performed properly.

CAUSATION

It was T's case that proper treatment would have avoided her brain injury.

OUTCOME

The hospital accepted responsibility for T's brain injury and compensation was agreed and approved by the Court at £2,000,000.