Dr Kevin Naylor secures £11.5 million settlement in “wrongful life” claim
February 3, 2023
Dr Kevin Naylor from Exchange Chambers has secured a settlement of £11.5 million in a “wrongful life” claim.
Dr Naylor previously appeared in one of the very few reported successful “wrongful life” cases (Enright v Kwun & Blackpool Victoria Hospital NHS Trust TLR 20/05/03).
The claim concerned the birth of two children now aged 11 and 13, both of whom suffer from hereditary spastic paraplegia. Both children are significantly disabled.
The negligent treatment took place in the 1980s and the claim proceeded against 7 defendants – hospital clinicians, GPs and practice nurses. The claim was complex both in relation to liability and quantum, raising issues as to the nature and extent of recoverable losses. Liability was compromised 2 days before the trial on liability. The claim subsequently settled for £11.5 million at a joint settlement meeting.
Dr Naylor commented that this was a very difficult claim to pursue, not least because of the stance taken by the Defendants’ representatives and their refusal to participate in meaningful negotiations until the 11th hour.
The claim would not have been successful without the skill and tenacity of the claimant’s solicitor, Sarah Barclay of PSG Law.
