Joe Moore of O’Reilly Stewart Solicitors acted on behalf of a 12 year old child who suffered brain damage at the time of his birth. He was assisted by Lucy McLernon in the case investigation.
In April 2024, the team secured damages in excess of £21 Million, one of the highest value medical negligence cases ever settled in Northern Ireland.
The child’s parents alleged clinical negligence at the time of the child’s birth. Joe Moore was instructed to commence an investigation on behalf of the family in 2012. The parents alleged that there were failures to adequately monitor the mother and baby during labour and there were unacceptable errors and delays in the management of labour, which resulted in the child sustaining a brain injury, due to a lack of oxygen during labour. The significant damage caused to the baby’s brain at the time of his birth resulted in a diagnosis of Cerebral Palsy, a neurodevelopmental condition affecting the child’s motor function, mobility and learning ability.
An admission of liability for the negligent failings in care was received from the Defendant during the course of proceedings. However, the case could not be resolved until the child’s injuries had settled to an extent which would enable medical evidence to be obtained, addressing the nature and extent of his injuries and how they would affect him in his future. Fifteen expert reports in nursing care, occupational therapy, physiotherapy, special equipment and aids, accommodation, travel, education, psychology and loss of earnings were obtained throughout the case.
An interim payment of damages was secured for the family to allow them to obtain suitable housing and an adapted car in the intervening period until settlement.
A final package, known as a Periodical Payments Order, has been drawn up between the parties and approved by the Court to deal with all care, therapy and equipment needs for the rest of the child’s life. The child’s care needs will be paid for by the Trust for the entirety of his lifetime and that is a source of comfort both to the injured party and to his parents. Settlement also includes a lump sum payment in the region of £2.9 Million representing payments in relation to the injury itself, past losses and certain future losses including loss of earnings.
