£5m for Plumpton Green brain injury man

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A young man who sustained a severe brain injury at birth has been awarded damages likely to be in excess of £5 million.

The Royal Courts of Justice approved the case of David Fawdrey, 21, of Plumpton Green, who suffered the injury at the

time of his birth in 1991 at Basildon Hospital in Essex.

Mr Fawdrey was delivered by emergency caesarean section after CTG traces showed evidence of persistent and severe foetal distress.

However, the decision came too late after the midwifery team or obstetric team failed to monitor his mother as closely and regularly as they should have done.

This resulted in Mr Fawdrey, the son of Richard and Sioban Fawdrey, suffering a period of hypoxia-ischaemia which caused him permanent brain damage.

Consequently, he was diagnosed with cerebral palsy, epilepsy, learning difficulties and impaired vision.

Proceedings were brought against East of England Strategic Health Authority, claiming that the management of his mother’s labour was negligent and that this was the cause of his brain injury. Court proceedings were issued in March 2011.

Liability was contested but the defendant health authority subsequently agreed to a 70/30 compromise so that Mr Fawdrey would receive 70 per cent of the damages due to him and judgment was entered for him on this basis with those damages to be assessed.

A full assessment of all Mr Fawdrey’s financial losses, treatment and care needs was carried out and agreement was reached between the parties in May as to appropriate settlement of the claim, with this agreement being subject to court approval.

The settlement is significant and comprises a lump sum and annual periodical payments to meet Mr Fawdrey’s ongoing care and case management needs.

Alison Johnson, an associate in the clinical negligence team at Penningtons Solicitors LLP, acted on Mr Fawdrey’s behalf, said: “Although no amount of money will ever make up for the injuries that David has suffered and the tremendous impact it has had on his family, I hope that the settlement achieved in this case will ensure that he has the care and therapies that he needs to maximise his potential within the context of his significant disabilities.

“I also hope that it will allow his parents some much needed respite whilst they enjoy seeing David flourish with as much independence as he can manage.”

Martin Spencer QC and Clare Price, both of Hailsham Chambers, were counsel for the claimant.