Cerebral palsy case sheds light on critical issues in complex injury cases

The landmark court decision provides definitive answers to long-standing legal controversies in complex injury claims, offering guidance and clarity for future cases. 

In a significant legal development, the recent trial of CCC (represented by her mother and litigation friend MMM) against Sheffield Teaching Hospitals NHS Foundation Trust [2023] EWHC 1770 (KB) marks the first quantum-only Cerebral Palsy case to go to trial in over six years. The trial, heard by Mr Justice Ritchie, lasted ten days and delivered its judgment on 12 July 2023. This case is particularly noteworthy as it addresses crucial matters in clinical negligence practice. 

The claimant, CCC, born in February 2015 at Sheffield Teaching Hospitals NHS Foundation Trust, suffered severe chronic partial hypoxic ischaemia during her birth, leading to Cerebral Palsy. The case, represented by James Drydale of Taylor Emmet (pictured) and Richard Baker KC and Sarah Edwards of 7 Bedford Row, delved into various pivotal aspects: 

• Night time care: A central point of contention was the required night-time care for CCC. The debate centered on the need for one or two awake carers. Ultimately, the judge upheld the view of the claimant’s care expert, supported by CCC’s mother, case manager, deputy, and support worker, that two awake carers were necessary. 
• Gratuitous care: The judge awarded full gratuitous care without any deduction. This is significant, as typically a 25% deduction is made from the cost of family-provided care. 
• Calculating life expectancy: A critical aspect was determining CCC’s life expectancy. While one expert suggested a median figure of age 23, another, Dr. Jardine, asserted age 30, supported by relevant research. 
• Benefits of hydrotherapy: The trial compared expert opinions on the benefits of hydrotherapy for cerebral palsy patients. The claimant’s physiotherapy expert, Susan Filson, provided up-to-date research on hydrotherapy, while the defendant’s expert was critiqued for outdated views. 
• ‘Day in the Life of’ videos: The trial employed a ‘Day in the Life of’ video, showcasing CCC’s care needs and the positive impact of hydrotherapy treatment. 

This case gains further importance due to its potential to challenge the precedent set by Croke v Wiseman (1981) regarding “lost years” in infant claims. The case was initiated when CCC was eight years old, and the court approved a lump sum of £6,866,615 and an annual index-linked payment of £394,940. 

James Drydale, representing CCC, emphasized the case’s significance in clarifying complex issues, benefiting other families in similar situations. Richard Baker KC of 7 Bedford Row stressed the importance of collaboration in achieving optimal outcomes for injured parties. 

As CCC awaits a Supreme Court hearing on “lost years” in infant claims, the case stands to shape new legal standards and provide valuable insights for practitioners and families alike.  

Image: Scala

Josie Geistfeld Josie is an editor for Claims Media. She welcomes feedback, comments, and opinion at josie.geistfeld@barkerbrooks.co.uk