A law firm has helped win settlements of £12.5 million for two clients who suffered bad injuries as a result of negligence.
Wilkin Chapman, one of the Ƶ’s top 200 law firms, helped with the cases for a man born with permanent brain damage and physical disabilities and a woman who ended up having a permanent tracheostomy as a result of neck injuries during a procedure.
The firm, which is based in Lincolnshire and East Yorkshire, won the two historic cases in July and October this year, and said the settlements were awarded to help their clients regain independence.
A spokeswoman for the firm said: “The first case, which settled in July, centred around an adult with permanent brain damage and physical disabilities sustained in labour.
“It was found that there should have been an earlier recognition of, and reaction to, the claimant’s foetal distress.
“This would have led to earlier delivery, which would have avoided permanent brain damage.
“Usually, medical negligence claims need to be made within three years of the negligence taking place.
“However, due to the severity of the injury in this case, the usual time limit to bring claims was not applicable. This meant that the claim could be made years later, even though the negligence took place during their birth.”
The case qualified for Legal Aid funding, which is only available to a few firms, including Wilkin Chapman, for birth related brain injury cases and was settled with a lump sum payment of £4.15 million followed by yearly payments of £218,000 until the man reaches 50, when payments increase to £275,000 a year.
The payments will increase with inflation and could eventually be worth £11.5 million - £12 million, and will allow the family to buy a new property and have it adapted and pay for tailored, round-the-clock care and therapies.
Previously, the claimant relied on public sector care in a shared facility with residents of differing needs.
Jonathan Baker, a partner in Wilkin Chapman’s medical negligence team, said: “I was pleased to represent the family and secure a settlement which should see my client’s quality of life really improve.
“The family are going to keep in touch, which I’m pleased about. It’s great to secure money for clients, but to see what they do with it and how it will help them get back to the sort of quality of life they would have had if the negligence hadn’t occurred, is amazing.
“I’m looking forward to seeing the transition from what they are like now to hopefully a much better position in a few years’ time.”
The second case, which settled in October, focused on a client who went for a gynaecology procedure and ended up with a permanent tracheostomy due to damage suffered in her neck, caused by aggravation to a previous neck injury.
The law firm said the defence admitted to negligence and agreed to settle for £450,000.
