Every case below is a published judgment of the courts of England and Wales, linked to its source. Summaries are ours; amounts appear only where the judgment states them. We include claims that failed, because they show what has to be proved.
Claim failed
[2026] EWHC 560 (KB)·2026·Liability decided at trial
A mother's waters broke at 27 weeks and a swab grew Group B Streptococcus resistant to erythromycin; the child argued penicillin should have been given before birth to prevent infection-related brain injury. The court held that following national rather than local guidance was not negligent and that antibiotics would not, on the evidence, have prevented the injury.
Following national guidance is a strong defence even where a hospital's own local guidance says otherwise. In premature-birth cases causation often fails because the injury would have happened regardless.
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.
Claim failed
[2025] EWHC 3402 (KB)·2025·Liability decided at trial
The claimant alleged the registrar at the Princess of Wales Hospital, Bridgend, delayed delivery after a pathological CTG in a labour complicated by pre-eclampsia and an impacted fetal head. The judge found the plan of fetal blood sampling, attempted forceps and then caesarean met the standards of the day and dismissed the claim.
A poor outcome after a difficult delivery is not enough; the claimant must show specific decisions fell below acceptable practice at the time and that earlier action would have avoided the injury. The material contribution argument does not help if no negligent cause of delay is proved.
Settlement approved
[2025] EWHC 1750 (KB)·2025·Settlement approved by the court
A mother attended at 37 weeks with two days of absent fetal movement and worrying heart tracings, but delivery was delayed and the baby suffered brain damage causing cerebral palsy. The court approved a settlement for the now 13-year-old child as being in her best interests.
Reduced fetal movements with abnormal monitoring call for urgent delivery. Court approval hearings for children often keep the settlement figures confidential.
Claimant succeeded
[2024] EWHC 2652 (KB)·2024·Damages assessed at trial
A child with cerebral palsy from admitted birth negligence lived in an unsuitable house with stairs, and his family sought a large interim payment to buy and adapt a suitable home. The Master applied the Eeles test, was not satisfied with the evidence for a £2 million property, but approved an interim award based on a more conservative £950,000 valuation.
Interim payments for accommodation need comparative property evidence showing the price is reasonable. Courts will approve a conservative figure rather than the family's preferred one if the evidence is thin.
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.