In ABC v York Teaching Hospital NHS Foundation Trust, the Claimant suffered a severe hypoxic ischaemic brain injury owing to the negligent management of a home birth leaving her with profound and permanent disabilities including severe microcephaly, severe cognitive delay and a mixed spastic/dystonic quadriplegic four limb cerebral palsy.
Proceedings were issued in July 2018 and were initially resisted by the Defendant; however, shortly before the parties were due to exchange expert evidence, a full admission of liability was made and judgment was entered. Resolution of the claim was delayed as the parties awaited the judgment of the Court of Appeal in Swift v Carpenter [2020] EWCA Civ 1295 and settlement was achieved only days before the assessment of damages hearing was listed to commenced in the High Court.
Approving the terms of settlement in a hearing on 18th November 2020, Mrs. Justice Stacey paid tribute to the Claimant’s exceptionally devoted parents and to her legal team who had “worked so hard on her behalf”.
John Whitting QC and Jo Moore were instructed by Caron Heyes of Fieldfisher for the Claimant. Margaret Bowron QC was instructed by Karen Kendall-Smith of Hempsons Solicitors for the Defendant.
