Lawyers representing a courageous father, aged in his 50s, who has lived his life as if he has no disabilities despite suffering severe brain damage during his birth, have achieved a £1 million settlement of his claim against the NHS. The man’s refusal to see himself as handicapped led him to delay for decades before consulting lawyers.
He suffered a traumatic brain injury during his birth at home in the 1960s. Cerebral palsy meant that he was unable to live entirely independently and relied on the care and support of his parents. However, he married, had children and had managed to work for most of his life.
His urgent need for compensation arose because his increasing level of disability made it unlikely that he would be able to find employment in the future. His parents were also advanced in years and could not look after him forever. Solicitors on his behalf sued the NHS, claiming that his mother should have been advised to give birth in hospital and that a caesarean delivery was required.
Following negotiations, the NHS agreed to pay him a substantial lump sum as well as index-linked and tax-free annual payments to cover the costs of his care for the rest of his life. In approving the settlement, the High Court paid tribute to his parents for the support that they had given him for more than five decades.