§ CASE LIBRARY

The claims that reached
seven figures, and why.

Roughly one in twenty-three successful NHS claims pays over £1 million. These are published judgments in that range, and they share a pattern: lifelong care needs rather than an especially shocking error.

Judgments here

11

Claimant succeeded

10

With the sum stated

11

Largest stated sum

£9,300,000

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Almost every case here involves care, accommodation and lost earnings across a whole life. That is what produces a seven-figure award, not the severity of the mistake.

Settlement approved£3.85M

ERE v East Suffolk and North Essex NHS Foundation Trust

[2024] EWHC 2569 (KB)·2024·Settlement approved by the court

A 23-year-old mother was discharged after giving birth in July 2015, developed breathlessness and palpitations, and suffered a cardiac arrest after being readmitted, leaving her with severe hypoxic brain damage. The claim settled on the day the quantum trial was due to start and the court approved the package for her as a protected party.

Maternal claims are not limited to injuries during labour itself; a failure in care in the weeks after birth that causes brain injury can lead to a multi-million-pound settlement. Where the injured person lacks capacity, a judge must approve any settlement.

Settlement approved£5.75M

AXA (a child, by her father and litigation friend MXA) v Airedale NHS Foundation Trust

[2024] EWHC 2499 (KB)·2024·Settlement approved by the court

A child born in April 2019 after an induced labour suffered fetal bradycardia and a brain injury; the Trust admitted the clinical failures by letter in April 2021. The court approved a settlement of a £5.75m lump sum plus lifelong index-linked periodical payments, worth about £16.7m in total.

Serious cerebral palsy claims are usually settled as a lump sum plus annual periodical payments for care, so the headline total depends on how long the child lives. Before approving a deal for a child the judge checks it sits within the range a court would have awarded.

Settlement approved£5.56M

MHE v Wye Valley NHS Trust

[2024] EWHC 25 (KB)·2024·Settlement approved by the court

The baby's shoulders became stuck during delivery and manoeuvres failed, so she was deprived of oxygen and left with cerebral palsy; the Trust admitted in 2012 that it failed to deliver her with sufficient or safe speed. The court approved a settlement of about £5.56m plus lifelong periodical payments.

Shoulder dystocia claims are not only about arm injuries; a prolonged delay in freeing the baby can cause brain injury, and damages then reflect lifelong care needs. Approval judgments like this are one of the few public sources showing what such settlements are worth.

Claimant succeeded£1.3M

Parsons v Isle of Wight NHS Trust

[2023] EWHC 3115 (KB)·2023·Liability decided at trial

Before bowel cancer surgery, anaesthetists made three failed epidural attempts while the patient was awake and then seven more after putting her under anaesthetic, one of which pierced her spinal cord. Ritchie J held the anaesthetist should have obtained her informed consent before the unconscious attempts and offered alternatives, and that this failure caused the injury.

Consent is not a one-off: when a procedure changes course (here, moving to unconscious epidural attempts), the patient must be told of the options and risks again. The full agreed £1.3m followed from that single consent failure.

Settlement approved£2.5M

CTQ v King's College Hospital NHS Foundation Trust

[2023] EWHC 2975 (KB)·2023·Settlement approved by the court

A 37-year-old mother suffered a cardiac arrest because intravenous fluids were not given during spinal anaesthesia just after her daughter's birth, leaving her with a brain injury; the hospital admitted liability. The court used its inherent jurisdiction to approve a settlement worth roughly £5.56m including periodical payments.

Anaesthetic errors around delivery can found a maternal negligence claim even when the baby is unharmed. Courts can approve settlements for adults with cognitive impairment even where they have not formally been found to lack capacity.

Claimant succeeded£6.87M

CCC (suing by her mother and litigation friend MMM) v Sheffield Teaching Hospitals NHS Foundation Trust

[2023] EWHC 1770 (KB)·2023·Damages assessed at trial

The CTG showed a pathological trace that went unread for 50 minutes before an emergency caesarean; the child was born with severe quadriplegic cerebral palsy and the Trust admitted liability in 2019. After a nine-day trial on damages, Ritchie J awarded a lump sum of about £6.87m plus care periodical payments of nearly £395,000 a year.

Where liability is admitted but the parties are far apart on the cost of care, housing and equipment, the court will hold a full quantum trial and decide each head of loss. This judgment is a rare published breakdown of a complete cerebral palsy award.

Settlement approved£9.3M

MGS v University Hospitals Bristol and Weston NHS Foundation Trust

[2023] EWHC 1547 (KB)·2023·Settlement approved by the court

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.

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.

Settlement approved£6.5M

XX v Barts Health NHS Trust

[2023] EWHC 963 (KB)·2023·Settlement approved by the court

A 19-year-old with severe cerebral palsy from a brain injury at his 2004 birth settled his claim without any admission of liability. The judge approved a package of a £6.5m lump sum plus lifelong periodical payments for care, with a total capitalised value of about £17.2m.

Settlements for people who lack capacity must be approved by the court, and the judge weighs litigation risk against the offer. Combining a lump sum with periodical payments is often preferred because it guarantees care funding for life.

Claimant succeeded£4.68M

Matthew Riley v Salford Royal NHS Foundation Trust

[2022] EWHC 2417 (KB)·2022·Damages assessed at trial

A 20-year-old motorcyclist with leg fractures developed compartment syndrome which the trust admitted it treated too late, so his right leg had to be amputated below the knee. Liability was admitted and the court assessed damages at £4,676,442 covering lifelong prosthetics, care, adapted housing and lost earnings.

Where a hospital admits that quicker treatment of compartment syndrome would have saved a limb, the case becomes about valuing lifelong needs, and prosthetics, accommodation and care can each run to six or seven figures for a young claimant.

Claim failed£1.4M

Khan v Meadows

[2021] UKSC 21·2021·Appeal decision

A GP negligently failed to arrange proper testing, so a woman wrongly believed she did not carry the haemophilia gene and went on to have a son with haemophilia who also had autism. The Supreme Court held the GP was liable only for the haemophilia-related costs, because the purpose of the advice was to guard against that risk, not the unrelated risk of autism.

Damages are limited to losses falling within the scope of the duty the doctor undertook. Even where negligence clearly led to a child's birth, unrelated conditions that the advice was never meant to address are not recoverable.

Claimant succeeded£2.85M

Chocken v Oxford University Hospitals NHS Foundation Trust

[2020] EWHC 3269 (QB)·2020·Appeal decision

After a 10-hour facial reconstruction the claimant developed compartment syndrome in both legs in intensive care and was left with permanent damage; the trust settled 70 days before trial for a £2.85 million lump sum plus annual payments of £48,000 rising to £85,000. This later judgment dealt only with the lawyers' success fee and dismissed the claimant's appeal on that point.

Compartment syndrome arising from post-operative monitoring failures can attract multi-million-pound settlements with periodical payments for lifelong care, although this figure comes from a costs judgment rather than a damages judgment.

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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