Nottingham teenager awarded 5m to pay for continuing care needs
NOTTINGHAM TEENAGER AWARDED £5M TO PAY FOR CONTINUING CARE NEEDS
A 19-year-old Nottingham woman was yesterday awarded just under £5m to pay for her injuries and continuing care needs.
The woman, known only as C, suffered congenital rubella syndrome as a result of negligence on the part of the Nottingham Health Authority and her GP. As a result, she has a severe learning autistic spectrum disorder, with visual and hearing impairment, and behavioural problems.
She was taken into the care of the local authority in 2000. C resides at a local privately-run residential home. This, up until now has been paid for by the Local Authority and PCT.
The judge Mr Justice Butterfield was asked to decide whether the negligent defendants or the public purse should pay for her care.
Under current legislation, the local authority is under a duty to provide residential accommodation for persons such as C. The judge considered in detail the current legislation which he described as “obscure, opaque and convoluted”.
The judge, who officially handed down the judgement in Liverpool today, roundly rejected the defence argument that as the care was by law provided by the State, C had suffered no loss. He held that C’s care should be privately funded from her damages and that the negligent parties should pay, not the overstretched public purse and local Council Tax payers.
This means that the medical defendants will now have to pay for all future care.
Julie Greenwood (pictured), principal manager at law firm Freeth Cartwright, has been dealing with this case on behalf of C since 2000. Julie commented: “I am delighted with the outcome, not just because our client will get the compensation she deserves, but also because the decision has such far-reaching consequences. The legislation that covers the issues we were concerned with is a minefield and is in urgent need of reform.”
ends - 13 May 2008