SXX v University College London Hospitals NHS Foundation Trust settlement of £1.753 million – January 2023
Our client sustained a severe and permanent brachial plexus palsy in 2004 when there was a failure to manage a shoulder dystocia emergency appropriately during his birth. Following initial denials, liability was conceded after Endurance challenged the defendant’s response to pre-action allegations, before issuing formal proceedings.
The parties then agreed an informal timetable for quantum evidence to be obtained and exchanged ahead of a joint settlement meeting (JSM), whilst a formal directions hearing was awaited.
The claimant struggled with many activities of daily living and our investigation confirmed that there was a negative impact on his education, he lacked confidence. After steadfastly denying any psychological aspect of his injuries, the claimant agreed to see a child and adolescent psychiatrist, following assurances that the report would not be shared with his mother. The assessment confirmed psychological injuries which the claimant wanted to shield his mother from. Interim payments enabled private psychotherapy and physiotherapy to be accessed to assist the claimant in the course of the litigation.
A settlement was not possible at the JSM but the matter settled in January 2023 following exchanges of offers after the meeting.
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Partner & SOLICITOREndurance Arthur |
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