Rosie is now aged 14. She suffered brain damage at birth. It was alleged that when Rosie’s mother went into labour and arrived at hospital with severe pain there were delays in examination and assessment and when the trace showed the baby was in distress there was a delay in performing caesarean section 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. Detailed medical expert evidence was required to consider how much earlier Rosie would have to be born to escape brain damage. Just 4 weeks before the case was due to be tried in London the Hospital admitted full liability and accepted that if Rosie had been born 17 minutes earlier she would not have suffered disability. The Court then just had to decide on the amount of compensation and Rosie received a very substantial settlement. 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 and an urgent application for an interim payment secured money for the purchase. Rosie’s family have always been extremely active and they wanted to ensure that all the family were able to enjoy holidays and activities together. The compensation included the additional cost of providing Rosie with an adapted bicycle and a caravan that she could access. The family love gardening and the cost of raised beds and accessible greenhouse were included. As she grew older Rosie’s 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 is essential. This needs to be purchased privately and is expensive. The expert physiotherapist who reported recommended and costed for this treatment and Rosie is now obtaining enormous benefit from it.
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!
