Claimant succeeded
[2026] UKSC 5·2026·Appeal decision
A child left profoundly disabled by negligence at birth was refused 'lost years' damages for earnings she would have made in the years her injury cut from her life, because a 1982 Court of Appeal case barred such awards to young children. The Supreme Court (Lady Rose dissenting) overruled that rule and sent the case back for the lost-years loss to be assessed.
Claimants injured as young children whose life expectancy has been shortened can now claim for earnings in the 'lost years', on the same principles as adults. This can add substantially to catastrophic injury awards.
Settlement approved£5.75M
[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
[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
[2023] EWHC 1921 (KB)·2023·Liability decided at trial
The baby was born severely asphyxiated at Royal Preston Hospital after the midwife failed to detect a fetal bradycardia through proper intermittent listening to the heartbeat. Martin Spencer J found breach of duty and causation proved, so the child will recover damages to be assessed later.
Even in a low-risk labour monitored by intermittent auscultation, midwives must listen at the right times and act on a slow heartbeat. Winning on liability is only the first stage; the value of the claim is then assessed separately.
Claimant succeeded£6.87M
[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£6.5M
[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
[2023] EWHC 19 (KB)·2023·Liability decided at trial
The mother of twins asked for a caesarean during labour and was refused; the second twin was delivered 6.5 minutes later than she should have been and suffered damaging oxygen deprivation. Ritchie J found the Trust negligent for the delay and held that without it the whole of her brain injury would have been avoided.
A delay of only a few minutes in delivery can be negligent and can be enough to cause the entire injury. A mother's reasonable request for a caesarean during labour should be properly considered and explained, not simply refused.