Litigation Personal Injury 6/12/99

Bobby Corbett v (1) Dr Maloney (2) Basingstoke & North Hampshire Health Authority (1999) QBD (Gray J) 1 November 1999

Claimant: Male, newborn at date of accident; eight years old at date of settlement.

Incident: The claimant was diagnosed with cerebral palsy after his premature birth in 1991, allegedly as a result of the hospital obstetrician giving advice contrary to medical knowledge at the time.

Injuries: The claimant suffered from quadriplegic cerebral palsy and was left unable to walk unaided, and without more than residual use of his left arm and hand. He was unlikely to be able to work, and would require a team of carers for the rest of his life. Liability disputed.

Award: £2.9m (out of court settlement)

Claimant's counsel: James Badenoch QC

Claimant's solicitor: Penningtons (Godalming)

Bishop (suing by her mother and next friend Clare Johnson) v Berkshire Health Authority (1999) QBD (Buckley J) 15 November 1999

Plaintiff: Female, newborn at date of accident; 15 years old at date of settlement.

Incident: The claimant was born severely brain damaged at the defendant's hospital in July 1984. The claimant brought an action alleging that during the course of her delivery there had been signs of foetal distress and hypoxia to which staff failed to respond.

Injuries: She suffered cerebral palsy as a result of being starved of oxygen during the course of her delivery. The claimant was left severely physically disabled. Liability admitted.

Award: £2.75m (out of court settlement)

Claimant's counsel: James Watson

Claimant's solicitor: Boyes Turner & Burrows (Reading)

David Gallie v NHS litigation authority (1999) QBD (Buckley J) 15 November 1999

Claimant: Male, four years old at date of accident; 17 years old at date of settlement.

Incident: The claimant was born with a drooping left eyelid and underwent corrective surgery on both eyes at the defendant's hospital in August 1986. In the hours following the operation, a senior house officer noted that the claimant's eyes were not closing. The claimant was discharged and later had three corrective operations. Following the third operation however, the claimant sustained a perforated cornea which resulted in damage to his sight. The claimant brought an action alleging that the post-operative care he received was negligent. It was also argued that medical staff failed to provide his parents with information as to the risks of surgery and so allow them to give informed consent. Liability disputed.

Award: £350,000 (out of court settlement)

Claimant's counsel: Julian Matthews

Claimant's solicitor: Gadsby Wicks (Chelmsford)