AXA v Airedale NHS Foundation Trust
[2024] EWHC 2499 (KB)
QXB v University Hospitals Plymouth NHS Trust
11 July 2023
[2023] EWHC 1760 (KB)
High Court
A little girl suffered brain damage due to a hospital's mistake. The hospital agreed to pay her family a lot of money (£13.4 million) to help care for her. A judge made sure this money would be used wisely and help her in the future.
Key Facts
- •Claimant: QXB (7-year-old child), suing by her mother (RXM)
- •Defendant: University Hospitals Plymouth NHS Trust
- •Claim: Clinical negligence due to delayed diagnosis of pneumococcal septicaemia and meningitis, resulting in severe quadriplegic cerebral palsy.
- •Liability: Previously compromised at 87.5% in claimant's favour.
- •Settlement: £4.2 million lump sum + three stepped periodical payments (total capitalised value: £13.4 million).
- •Part 36 offer: Defendant accepted claimant's Part 36 offer.
Legal Principles
Best interests of the child
Court's inherent jurisdiction
Protection of claimant's interests and wise application of damages
Court's inherent jurisdiction
Periodical payments considerations under CPR 21.10(4) and PD 41B
CPR Rule 21.10(4), Practice Direction 41B
Outcomes
Settlement approved
Settlement deemed in the best interests of the claimant, offering a good outcome and ensuring financial security; periodical payments protect against future uncertainties; significant lump sum provides flexibility.