Wrongful birth claim leads to significant compensation

When Mrs H was pregnant with her first child, medical professionals failed to diagnose the unborn child with Lesch-Nyhan Syndrome (LNS). LNS is a genetic abnormality which is characterised by neurological and behavioural abnormalities and the overproduction of uric acid.

As a result of the missed diagnosis, Mr and Mrs H went on to have their second child, who was also sadly diagnosed with LNS. They sought the costs associated with raising their second child over and above that which is associated with raising a child without his disability – he suffered from developmental delay and gross motor delay. As a result, he required adapted accommodation, aids, therapy and professional care.

Sadly, as is often the case with parents raising children with disabilities, Mr & Mrs H separated and therefore required separate representation in the claim. Mr H reached out to Ally Taft, Partner and Head of Clinical Negligence. Ally worked alongside Mr H through the case, along with the solicitors acting for Mrs H, eventually reaching a six-figure settlement for his part of the claim. This was to enable the children to have overnight stays with their father, in suitably adapted accommodation. Mrs H’s claim was settled at a higher level to pay for the required care and therapy.

Following the case, Mr H said: “I would like to say a big thanks for all your help and effort to getting the outcome we have. I couldn’t have done it without you. I can now look at setting up a home for the boys when they come and stay with me.”

Ally Taft said: “Clinical negligence often has tragic outcomes and this is even more so when it affects the long-term development of a child. I’m pleased that our client received a settlement, which will enable him to care for his children in an appropriate environment and with the support that they need.”