§ PUBLISHED JUDGMENT · 2023
MGS v University Hospitals Bristol and Weston NHS Foundation Trust
[2023] EWHC 1547 (KB)·High Court (King's Bench Division)·16 June 2023
A low-birth-weight baby was not fed adequately overnight and his blood sugar was not checked early enough, causing hypoglycaemic brain damage; the Trust admitted liability in 2018. The court approved a £9.3m lump sum plus periodical payments and held the Trust also owed interest for accepting the offer late.
Outcome
Settlement approved
Sum stated in judgment
£9,300,000
Claim type
Neonatal Injury
Decided
Settlement approved by the court
§ WHAT HAPPENED
The facts, in brief.
Defendant: University Hospitals Bristol and Weston NHS Foundation Trust · this trust’s claims data
Injury: Neonatal hypoglycaemia in the days after birth in October 2009 causing permanent brain injury, learning difficulties, behavioural problems and uncontrolled epilepsy
Specialty: Neonatology · England
§ WHAT THE COURT SAID
In the judgment’s own words.
“I find that this settlement is in the claimant's best interests. On that basis I approve the settlement under CPR 21.10.”
The money
Gross lump sum £9.3m (net £7,590,000 after £1.9m interim payments) plus periodical payments starting at £190,000 pa from Dec 2022 rising to £238,000 pa from Dec 2028 ([8], [33]); settlement arose from the Trust's late acceptance of the claimant's Part 36 offer, and additional interest was ordered.
§ WHY IT MATTERS
What this case shows.
Negligence in the first days of a newborn's life, not just during labour, can produce some of the largest clinical negligence awards. If a defendant accepts a Part 36 offer late, interest for the delay can be claimed on top.
Contains information licensed under the Open Justice - Licence v2.0. Judgments from Find Case Law, The National Archives. Summaries are ours; amounts only where printed in the judgment.
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