Teenager to receive more than £20m after negligent childhood surgery

A teenager who suffered life-changing injuries as a result of negligent surgery at a nationally-renowned children’s hospital has secured a settlement of in excess of £20million.

The young person, who was a toddler at the time of the negligent surgery, has been left wheelchair-bound and needing round-the-clock care since the botched operation at Alder Hey Children’s Hospital in 2012.

The teenager  – whose identity is protected by a Court order – sustained significant brain damage as a result of being starved of oxygen during surgery at the Liverpool hospital, which has a highly esteemed national reputation.

A settlement has now been reached between the Alder Hey Children’s NHS Foundation Trust and the family, who were represented by law firm, Slater and Gordon.

The final overall damages to be paid are still uncertain, as annual payments will have to be made by the Trust for the rest of the young person’s life. However an initial lump sum payment of £10.4 million has been agreed with an additional significant annual payment of more than £400,000 per year to pay for ongoing care and case management, which combined will total in excess of £20 million.

The money will finance the teenager’s 24-hour care for the rest of their life, as well as their ongoing education, equipment and therapies.

Although they live with a brain injury, they have been able to access education through a private home tutor which is funded by the compensation. Home education will take place in a specially designed classroom to be built in the family’s ‘forever home’ which will now be purchased from the compensation.

Other items paid for by the settlement to ensure the young person has quality of life are a fully adapted bespoke motor home to allow the family to travel and to enjoy holidays, and the installation of a swimming pool in their home. This will enable their child to exercise in the water, receive water-based therapies as part of their ongoing rehabilitation and importantly, to enjoy quality time with friends and other family members.

“As a family it has been a very difficult journey over many years. No one can truly understand unless you are going through it,” said the mum.

“We have been very fortunate to have a very dedicated, knowledgeable, professional and supportive legal team who have ensured our child will be secure and looked after for life. We will be forever grateful to Helen and the team at Slater and Gordon.”

Helen Lewis, Principal Lawyer in our medical negligence team, supported the family in securing the settlement.

“This family’s life was ripped apart through negligent surgery, and now they have received the settlement which gives them the reassurance that their beloved child will be looked after for the rest of their life,” says Helen, a specialist brain injury lawyer based in Manchester.

“It was very important to them that, as well as their child’s care being taken care of, they should also enjoy a quality of life. For that reason, we insisted on provisions being made such as a private tutor and an adapted motorhome, as well as the creation of a home hydrotherapy pool, which ensures that their child will be able to enjoy a quality of life they otherwise would not.

“We have fought hard to ensure that our client is able to access everything they deserve and are pleased to have secured this very significant settlement. This will enable the family to look to the future after what has understandably been a very difficult and traumatic time.”