AXA v Airedale NHS Foundation Trust
[2024] EWHC 2499 (KB)
ERE v East Suffolk and North Essex NHS Foundation Trust
11 October 2024
[2024] EWHC 2569 (KB)
High Court
A woman suffered brain damage due to hospital negligence. The court approved a large settlement to cover her lifelong care needs, plus money for her parents who cared for her and her child. This ensures she has the support she needs, and recognizes the family's devotion.
Key Facts
- •Claim for personal injury and loss due to alleged medical negligence by East Suffolk and North Essex NHS Foundation Trust.
- •Claimant (32 years old, protected party) suffered hypoxic brain damage after a cardiac arrest following childbirth in 2015.
- •Significant cognitive impairment and personality change resulted, requiring lifelong care.
- •Claimant's parents provided extensive gratuitous care.
- •Liability was admitted at 75%.
- •Parties reached a settlement agreement.
Legal Principles
Court approval of settlement is required for protected parties under CPR 21.10.
CPR 21.10
Court must act in the best interests of the protected party and in the interests of justice, having regard to the overriding objective.
CPR 21.10
Court must ensure continuity of payment under the order is reasonably secure (Damages Act 1996, sections 2(3) and 2(4)(c)).
CPR 41.7-9, PD41B, Damages Act 1996, sections 2(3) and 2(4)(c)
Outcomes
The proposed settlement was approved.
The court found the settlement to be in the best interests of the Claimant, considering the litigation risks and disputed issues regarding the extent of future care needs.
A lump sum of £3,850,000 was awarded, along with periodical payments for future care and case management.
This structure was deemed to best meet the Claimant's needs.
£124,631.13 was awarded to the Claimant's parents for past gratuitous care.
In line with CPR 21.12.