Medical Negligence case study: Life-changing award for brain injury claim

Director and Medical Negligence Solicitor, Sarah Walker and her team have succeeded in securing a life-changing settlement for one of their clients, KXT.

KXT was born on 28 January 2004 following an uneventful labour. He was the second boy born to his parents, the middle child of three siblings. After KXT was born, his mum was very worried as he seemed to not be eating properly and was moaning and distressed. However, KXT was discharged home the day after he was born.

KXT did not improve when he got home and mum continued to be very worried about him. He was seen by a midwife on 30 January 2014 who reassured her, despite KXT being very cold, not eating properly and making mouse-like noises. On 1 February, his mum telephoned another midwife and expressed her concerns that KXT was becoming even more unwell. She was told that her baby was fine and not to worry. KXT was seen by a midwife on 2 February who identified that KXT had lost weight and was very unwell. The midwife contacted the GP who told mum to take him straight to hospital.

KXT was diagnosed with meningitis and went on to have seizures. It was confirmed that the meningitis was caused by an undiagnosed Group B streptococcal infection which he had contracted when he was born. KXT was very unwell and had to be cared for in the Intensive Care Unit. He developed hydrocephalus (fluid on the brain) and had to have surgery to put a shunt in his brain. Eventually, he recovered enough that he could be discharged home on 29 February 2004. Sadly, KXT had suffered a serious brain injury because of the meningitis.

Mum and dad recalled that KXT’s first two years were very difficult as he barely slept and screamed all the time. They approached Switalskis about pursuing a claim on KXT’s behalf, and Sarah Tipton Walker, a Director and Solicitor in the Clinical Negligence department, took on his case. Since then, Sarah has worked very closely with the family throughout the process.

Although initially the Trust claimed that the actions of the midwives were reasonable and that KXT should not have been referred to the GP or to hospital, it was later admitted that they were at fault and if KXT had been referred to hospital sooner, he would not have suffered a brain injury. KXT received a seven-figure sum by way of compensation with six-figure payments to be made to him every year for the rest of his life.

“The lump sum and the payments will give KXT the care he will need to help him live life to the fullest” said Sarah, who has come to know KXT and his family very well throughout his case. “KXT is a very special and loving young man. Everyone who meets him falls in love with him. The compensation obtained will mean that he has suitable accommodation and adaptations in addition to lifelong care and support.”

“Cases such as these can run for a long time and it has been very rewarding to work closely with KXT and his family. Specialising in complex cases such as KXT’s means that you spend a lot of time with claimants and their families and I feel very privileged to have worked with and got to know KXT during his claim.”

The Clinical Negligence team at Switalskis are here to help you, and can offer advice and assistance in relation to a wide range of medical negligence claims. To speak to one our team members call us on 0800 138 0458.