Rosie’s Story

Rosie suffered from brain damage at birth. We proved negligence and achieved a substantial settlement for Rosie. This has allowed her to live in an adapted property that is specific to her needs. It also funded additional private medical treatment.Rosie suffered brain damage at birth. We argued that there were delays in examination and assessment of Rosie’s mother when she arrived at hospital presenting with severe pain, suggestive of labour. The trace showing the baby’s heart rate confirmed the baby was in distress. A caesarean section was needed but there was further delay in performing this and the standard 30 minute time period from decision to delivery was exceeded.

The Hospital accepted there had been delay but did not agree that earlier delivery would have prevented all Rosie’s brain damage. We obtained supportive medical expert evidence and just weeks before Trial the hospital admitted full liability and accepted that if Rosie had been born 17 minutes earlier she would not have suffered brain damage.

With liability admitted we were able to apply for an interim payment to secure money for a property purchase. The family had identified a suitable property in the village where they lived and where Rosie had grown up and was secure. It was a rare opportunity.

Rosie’s family had always been extremely active and they wanted to ensure that all the family were able to enjoy holidays and activities together. Rosie received substantial compensation which meant the family could pay for the additional cost of providing Rosie with an adapted bicycle and a caravan that she could access.

The family were keen gardeners and so we included the cost of raised flower beds and an accessible greenhouse within the compensation. As Rosie grew older her leg muscles started to stiffen and doctors recommended a course of Botulinum Toxin injections to loosen the muscles and maintain mobility. To achieve the maximum effect from this treatment intensive physiotherapy was essential. To purchase this privately is expensive. However, the expert physiotherapist who reported, recommended and costed for this treatment.

Rosie has benefitted enormously from this treatment. Rosie attended Court when the Judge approved the settlement figure and she still enjoys looking at a photograph of her trying on her Barrister’s wig….. and no, she would not release a copy for publication