Derek Sweeting QC and Deirdre Goodwin acted on behalf of AC, a 10 year old boy, the second of dichorionic and diamniotic twins. His brother was born without complication and has gone on to develop normally but AC suffered hypoxic ischaemic encephalopathy as a result of an avoidable disruption in the oxygenated blood supply to his brain through admitted negligence during his birth. His acquired brain injury has resulted in dyskinetic cerebral palsy with associated cognitive deficit, developmental delay and severe behavioural difficulties.
On 6 December 2018, Mr Justice Stewart approved a settlement that will provide AC with a lump sum of £5,300,000 and periodical payments of £126,150 to age 16, £146,000 to age 19 and thereafter £200,000 for life. The capitalised value of the settlement is £23,335,000.
This case involved complex issues relating to care from age 19 years in respect of behavioural issues and whether this warranted 2 carers for 24 hours a day or ad hoc provision of a second carer for excursions outside of the house during waking hours. There were also issues arising in respect of accommodation but this was resolved on a similar basis to JR (recovery in full of the additional cost of property that would otherwise have been purchased).
Mr Justice Stewart had no hesitation in approving this settlement.
In December 2015 Simeon Maskrey QC and Deirdre Goodwin succeeded before Mrs Justice Whipple in an Eeles interim payment application in this case for £1,203,300 to fund suitable accommodation and a care and behaviour management programme between then and trial in 2018. Read about that decision in full on our website here and the judgment here.