JYC v East Suffolk and North Essex NHS Foundation Trust – other factors impacting upon valuation – January 2023 - £920,000 (at 100%)
At the time of her birth in September 2009 JYC sustained a brachial plexus injury (Erb’s Palsy) to her left side. Following the issue of formal court proceedings, a liability compromise was agreed. This meant that JYC would ultimately have a reduction to her compensation when this was valued but it removed the risk of losing at Trial.
Investigations were then undertaken as to whether the time was right to value the claim. Following assessment by our experts, it was considered that JYC’s condition was sufficiently stable to predict the future. Fortunately, JYC’s injury was towards the milder end of severity however her recovery had not achieved as good a functional result as may have been expected. An additional factor in this claim was the psychological injury. As a result of her Erb’s Palsy injury, JYC had suffered psychologically and required treatment for this. However, it was acknowledged that JYC would have had some difficulties due to her exposure to psychosocial adversity and the fact that she displayed characteristics of dyslexia. These two factors were unrelated to her physical injury however careful consideration needed to be given to how this would have impacted upon her psychological prognosis and indeed career prospects in isolation. Michelle was able to work closely with her experts in this regard to plot out a realistic picture of how life would have looked both with and without the Erb’s Palsy injury. The case was subsequently settled for close to 7 figures (at full value) at a settlement meeting which represents an excellent result for JYC and it is hoped will enable her to harness the items/therapy and assistance she needs as a result of her injury.
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SENIOR ASSOCIATE & SOLICITORMichelle Beckett |
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