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Read the latest success stories from the Clinical Negligence team
Rachel Dewis originally sought legal advice to get to the truth about what occurred during the birth of her son, Jake, after he sustained brain damage at Nuneaton Maternity Hospital.
The claim was very complex as for many years the hospital admitted negligence during Jacob’s birth but denied that their negligence caused Jacob’s injury and resulting cerebral palsy. As well as learning the truth Rachel was always clear about what a successful claim would mean for Jacob. “The compensation will provide Jake with the financial stability to ensure all his future care and support needs will be fully met.”
Cerebral Palsy expert, Kerstin Kubiak, took on the case and a claim for compensation was lodged at the High Court on November 3rd 2010, and finally in April 2012 an admission of liability was made by NHS West Midlands hospital trust that their negligent management of his birth caused his brain injury. Jake was in distress during his delivery and the midwives and obstetrician failed to act quickly enough to deliver him causing him a brain injury as a result of hypoxia. The claim was settled in November 2012 and the Trust have apologised to Rachel and Jacob for their failures in care.
Jacob has dyskinetic cerebral palsy with significant dystonia and athetosis, which is quadriplegic (affecting all 4 limbs), he also has severe contractures as a consequence of his cerebral palsy. It is unlikely that he will ever regain independent ambulation and will therefore be wheelchair dependent for the rest of his life.
20-year old Jake has now completed a 3 year course at the National Star College in Cheltenham, where he studied Creative Arts with an emphasis on photography. Jake’s compensation will now facilitate him living an independent life in his own accommodation with carers; Jake really loves music and attending festivals as well as getting outdoors. His compensation will also help to purchase a specialist outdoor wheelchair and adapted car so he can get out and about much more easily.
Jake’s mother Rachel states: “We are so relieved and excited about the future. I have never seen Jake as happy as he is now. Having independence and carers around him has re-awoken him. He is full of ideas and plans for his future. This conclusion is not just a relief to me but ripples out far and wide to family and close friends…..I will always feel a pang of sadness about my birthing experience and the consequences that Jake has had to bear but this is cushioned by the fact that both of us are being justly compensated for his injuries and my dedication to his care and well being. The outcome of the investigation into Jake’s birth and the admittance of liability has made a massive difference to me as a person. I can lay this ghost to rest, as much as I can, and look forward. I know Jake will go on to have a good quality of life with many adventures to come.”