E HAS ATHETOID CEREBRAL PALSY
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EP V WILTSHIRE PRIMARY CARE TRUST (2008)
Rebecca Hewitt acts for E and her family.
FACTS
E was born in 2000.
During labour E suffered from a period of oxygen starvation leading to brain injury and her cerebral palsy.
BREACH OF DUTY
It was E's case the midwives failed to recognise patterns of decelerations in E's heart rate.
It was E's case the midwives should have called an obstetrician to review E's condition.
CAUSATION
It was E's case had an obstetrician been called E would have been delivered earlier than she was.
Had E been delivered even 10 minutes earlier her brain injury and cerebral palsy would have been avoided.
OUTCOME
E's case was settled in October 2008 days before trial. Certainty was achieved and the real risks of losing at trial avoided by negotiating that the hospital pay 95% of the full value of E's claim.
Funds are in place for E's parents, with professional help, to buy a suitable house, ensure E's educational potential is fulfilled, meet E's case needs, buy a car and equipment, and put in place the physiotherapy and speech and language therapy Emily needs.
E is a bright and charming girl. Support will help ensure the consequences of her physical limitations are reduced to a minimum to allow her to live as full a life as possible.
E's case will return to Court with the guarantee that she will receive a final award of compensation to provide for her needs for her full life expectancy.
E'S MOTHER SAYS
"This has been a long process but we are now just very relieved and happy for E that we have managed to achieve a settlement that will ultimately result in her having some security for the future and will give her the chance to live as normal and full a life as possible.”
