1COR members were instructed for each side in OXJ V North Bristol Trust, where the claimant sought damages for permanent brain injury sustained from premature birth.

In May 2006 the claimant was prematurely born at the hospital of the defendant trust and suffered complications following birth. As the child developed, it became clear that the child had sustained injury and, following several consultations, it was confirmed that they were suffering severe kernicterus damage including dyskinetic cerebral palsy with severe mobility problems and status dystonicus, auditory neuropathy problems, stained tooth enamel and behavioural problems. Liability was partially admitted with an admission of breach of duty and causation. However, it was argued that the claimant’s cognitive disability could have arisen from her prematurity rather than the admitted negligence.

The case was settled with the claimant to receive a lump sum of £5,900,000 and periodical payments of £190,000 until aged 13, £185,000 per annum until aged 19 and £260,000 per annum thereafter.

Lizanne Gumbel QC was instructed by Enable Law (part of Foot Anstey) for the claimant and Richard Booth QC was instructed by DAC Beachcroft for the defendant.

Read more about the case on Lawtel here.