The High Court in London has approved a multimillion pound settlement for a man who sustained severe brain injuries at birth. Bradford Teaching Hospitals NHS Foundation Trust admitted his injuries could have been prevented with proper care.

The man, known as CRT to protect his identity, was born via emergency Caesarean at St Luke’s Hospital, Bradford , in the early 1990s. 

Despite signs of fetal distress, including an irregular heartbeat, a non-reactive CTG trace, and symptoms of infection such as his mother’s high temperature and vaginal bleeding, the medical team allowed labour to continue without intervening. 

It was only after significant delays that a Caesarean section was eventually performed. By then, CRT had suffered a severe brain injury, resulting in lifelong physical and cognitive impairments.

 Now in his 30s, CRT lives with cerebral palsy, scoliosis, and severe learning disabilities. He requires 24-hour care for all daily activities. Despite these challenges, his family has shown how he flourishes with access to therapeutic activities, which significantly enhance his quality of life.

During the High Court hearing on 19 November 2024, a judge approved the settlement, which includes a substantial lump sum and annual payments to cover CRT’s lifelong care needs, therapies, and specialist equipment. The funds will be held in a trust to ensure that CRT’s ongoing needs are fully met.

The approval hearing marked the end of a lengthy legal process, during which the Trust only admitted liability and acknowledged that delays during CRT’s birth had caused his severe injuries after court proceedings were initiated.

During the hearing, the judge praised the mother, describing her as remarkable for providing exceptional care under challenging circumstances. The judge also noted that, while the settlement cannot reverse CRT's disabilities, it will significantly enhance his quality of life.

Suzanne Munroe, Head of Clinical Negligence at Switalskis and CRT’s solicitor, commented: “This was a challenging legal battle, but CRT’s mother, FRM, showed incredible strength and determination in securing the compensation needed for his care.

“The evidence presented, including videos and photographs of CRT engaging in therapeutic activities, clearly demonstrated his potential and the joy these experiences bring him. This settlement will enable CRT to live with greater independence and access the therapies that enrich his life.”

Commenting on the outcome of the case CRT’s mother welcomed the settlement and the admission of liability but said that the length of time the case had taken, and the lack of apology from the Trust, raised concerns over whether lessons had been learnt.

She added: “For years, I tried to show that my son was capable of much more than what some experts believed, to demonstrate how he lights up during activities like hydrotherapy and the trips we used to take when he was younger.

“Now, with this settlement, he can get the therapy he needs to live as full a life as possible. It will help to fund his ongoing needs and ensure that he has the very best quality of life considering the injuries he sustained.

“I am incredibly grateful to everyone that has supported us throughout this time but do have concerns around whether the Trust has truly taken on board the impact that the failings in care have had on me and my son.

“It has been such a long and exhausting journey to get here, and in the absence of an apology, I can only hope that lessons have truly been learnt.”

Throughout the legal process, the treating team and CRT’s mother presented compelling evidence that CRT benefits significantly from therapeutic activities such as hydrotherapy and adaptive sports, including canoeing and rope climbing at specialist centres.

These activities were crucial in demonstrating his quality of life, countering the Trust’s own expert assessments, which had initially underestimated CRT’s potential.

The settlement will enable CRT to move into his own adapted home with a comprehensive care package, allowing him to experience greater independence. The compensation will also allow him to resume holidays abroad, which had become impossible in recent years due to his increased care needs.

Suzanne Munroe from Switalskis added: “FRM’s unwavering commitment to her son was truly inspiring. This settlement not only provides financial security but also recognises CRT’s capabilities, ensuring that he can continue to access the therapies and experiences that bring him joy and fulfilment.

“CRT’s mother hopes that by sharing her son’s story it will raise awareness about the importance of personalised and bespoke care and therapy for those who have sustained catastrophic, life changing brain injuries, and who live with the consequences of these failures in care for their whole lives.

“She also hopes to inspire and encourage other families who may be in a similar position to never to give up in their fight to secure their children’s future.”

Suzanne added that she hopes that lessons will be learnt which will lead to continued improvement in care across NHS maternity provision.

“Tragically, in our work, we encounter cases like this all too often,” she said. “While this compensation is absolutely vital in ensuring our client receives the ongoing care they need, it represents a cost to the NHS that could have been avoided with appropriate care from the outset.

“I hope cases like this not only underscores the urgent need for change but also act as a catalyst for meaningful and lasting improvements in NHS maternity services."

CRT was represented at the approval hearing by Michael Mylonas KC of Serjeants’ Inn Chambers.

Do you need legal support?

Birth injury can cast a shadow over what should be one of the happiest times of your life. But remember, you are not alone. Our legal experts are here to listen, understand your unique circumstances and fight for the best possible outcome for you and your child. To discuss your concerns in confidence, call us on 0800 1380 458 or email help@switalskis.com