Caring for a Severely Disabled Child? The Law Will Recognise Your Sacrifice

The weight of responsibility involved in caring for a severely disabled child can be all-consuming and personal injury lawyers are well aware of the sacrifices that parents make. That was certainly so in one case, in which a 13-year-old boy received damages worth an eight-figure sum.

The boy was 17 months old when he suffered a seizure and was taken to hospital by ambulance. He had another seizure whilst under observation by medical staff in the accident and emergency department. He was sent home and, despite a further hospital attendance, about five days passed before he was diagnosed with the herpes simplex virus.

The delay resulted in catastrophic brain damage. In need of round-the-clock care, he has severe learning difficulties and is prey to drug-resistant epilepsy, suffering up to 20 seizures every day. The burden on his utterly devoted parents was further increased by his autism and behavioural problems, including violent outbursts.

After a clinical negligence claim was launched on his behalf, the NHS trust that bore responsibility for his care at the relevant time admitted breach of duty. Further negotiations yielded a full and final settlement of his claim. Together with a lump sum of £7.75 million, he will receive six-figure, index-linked annual payments to cover the costs of his care and case management for life. The overall capitalised value of the settlement was calculated at about £27.3 million.

In approving the settlement, the High Court sanctioned the payment of £455,000 of the damages total to the boy's parents as some reflection of the selfless care they had lavished upon him. Thrust into the role of full-time carers, they had been consumed by their role, sacrificing their sense of self. The fact that the boy was doing as well as he was spoke volumes as to the extent of their commitment.