Alder Hey Children’s NHS Foundation Trust to pay £27.3 million after young boy suffered catastrophic, life-changing injuries

November 15, 2021

In one of the largest ever settlements in a clinical negligence case, Alder Hey Children’s NHS Foundation Trust has agreed to pay £27.3 million after a young boy suffered catastrophic, life-changing injuries in their care.

The young boy, who is subject to an anonymity order, was represented by Bill Braithwaite QC and Chris Barnes from Exchange Chambers.

The claimant was injured as a young child when he attended Alder Hey and an emerging problem was missed, resulting in catastrophic brain injuries.

Legal proceedings were commenced in October 2018. Subsequently, the Trust admitted breach of duty. Subject to one contested point, the Trust also admitted causation of loss and damage.

The questions of quantum of damages, including that contested quantum point, were listed for a ten-day trial due to start on 1 November 2021. However, in the run up to the trial the parties arrived at the settlement, which has now been approved by the Court.

Commenting on the case, Bill Braithwaite QC said:

“While it is a relief for the family that this claim settled, it is unacceptable that they were kept waiting and worrying until only two days before their claim was due to start in court.

“There was ample opportunity for NHSR, which is supposed to be keen on resolving claims, to grasp the nettle and admit that Alder Hey’s repeated negligence had caused catastrophic injury to an innocent baby and his family. The pressure on parents of children with severe brain injury, particularly as the child get older, larger and more difficult to manage, is immense, and in this case it went on for years.”

To view the full judgement, please click here.