Stuart McKechnie KC secures settlement of just under £15 million in complex cerebral palsy case

As a result of negligent treatment during birth, the Claimant suffered hypoxic brain damage causing mild Cerebral Palsy and global developmental delay. The case was complicated by the fact that the Claimant, who is now 14 years of age, comes from a Traveller family and has lived on a Traveller’s site for his entire life. This gave rise to unique cultural and social considerations that went to the heart of valuing quantum and required a different approach to the provision of care and accommodation.

The case was set down for a 10-day trial in April 2024. At a JSM in March 2024 the parties failed to reach agreement, but the case then settled in early April when the Defendant made a further increased offer in advance of trial. The settlement, comprising a gross lump sum of £5,000,000 plus a PPO of £140,000 for Care & Case Management across the Claimant’s lifetime, was approved at the High Court on 22nd April, where HHJ Sadiq commended the Claimant’s legal team for the sensitive way they had dealt with the complex cultural issues in the case and confirmed that he had no hesitation in approving the settlement.

Stuart led James Aldridge at Outer Temple Chambers and was instructed by Sally Simpson at Bolt Burdon Kemp.