In 2012, the Claimant, now 6 years old, contracted Herpes Simplex virus at birth, which developed into a brain infection. A two day delay in prescribing and administering the necessary anti-viral medication at the Watford General Hospital led to his sustaining a catastrophic brain injury. He now suffers from significant cognitive and motor impairment as well as behavioural issues and requires 24 hour care.
In 2017, West Hertfordshire Hospitals NHS Trust admitted liability and apologised to the Claimant and to his family. Today, an agreed settlement was approved by Mrs. Justice Lambert sitting in the High Court. The Claimant will receive a lump sum together with annual, index-linked and tax-free payments to cover, among other things, the cost of his care and case management. The capitalised value of the settlement, calculated over the Claimant’s lifetime, is in the region of £37 million. This is thought to be the biggest settlement ever for a clinical negligence case in the UK.
Henry Witcomb QC, instructed by Paul McNeil of Fieldfisher, acted for the family. John Whitting QC, instructed by Rebecca Richardson of Capsticks LLP, acted for the NHS Trust.
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