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Lewes man with brain injury wins £5m damages claim against Basildon Hospital
A young man who sustained a severe brain injury at birth has been awarded damages, a court has ruled.
The Royal Courts of Justice approved the case of David Fawdrey, 21, of Lewes, who suffered the injury at the time of his birth in 1991 at Basildon Hospital in Essex.
The award is likely to be worth in excess of £5 million overall.
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 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.
Through his mother, Mr Fawdrey brought proceedings against East of England Strategic Health Authority claiming the management of his mother’s labour was negligent and subsequently resulted in his permanent brain damage.
Court proceedings were issued in March 2011.
Liability was disputed but the defendant health authority agreed to a 70/30 compromise that Mr Fawdrey would receive 70% of the damages due to him.
Alison Johnson, an associate in the clinical negligence team at Penningtons Solicitors LLP, acting 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 he has the care and therapies 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 while they enjoy seeing David flourish with as much independence as he can manage.”
The agreement was reached following a full assessment of Mr Fawdrey’s financial losses, treatment and care needs and the decision was made in May.
The settlement will be made up of a lump sum and annual payments to meet Mr Fawdrey’s ongoing care and management needs.
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