MXL -v- East Suffolk and North Essex NHS Foundation Trust (formerly Colchester Hospital University NHS Foundation Trust) – Settlement of £850,000 approved by the Court in February 2023
MXL was born in the Defendant’s hospital in 2004 and sustained a permanent injury to his right brachial plexus affecting his right arm and shoulder. This injury was later classified as a Narakas Group 1 injury.
Although liability was initially denied Stuart Bramley later secured a full admission from the Defendant following which the claim was issued and judgment entered. As the Claimant was just 4 years old at the time, it was not possible at this point to assess the impact that this injury would have on him over his lifetime. The Court therefore granted a stay in proceedings until 2020.
Just prior to the end of the stay medical reports were obtained from appropriate experts. A final condition and prognosis report was provided by an orthopaedic expert and reports were then obtained from experts in Care/Occupational Therapy and Physiotherapy to provide details of his past and future care and treatment needs.
Kate Stone took over conduct of the claim at this stage and, following analysis of the medical reports and discussions with the experts and the family, prepared a Schedule of Loss setting out the Claimant’s past and future losses for life. This was served on the Defendant.
Despite the stay coming to an end the parties were able to agree a timetable for the management of the claim without further recourse to the Court. The claim settled at a joint settlement meeting in September 2022 for a global sum of £850,000 and this settlement was approved by a Master at the Royal Courts of Justice in February 2023.
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SOLICITORKate Stone |
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