£37 million Damages awarded in UK Clinical Negligence claim

by | Mar 17, 2019 | Health Blog

The award is the highest ever in a clinical negligence case against the NHS.

A 6 year old boy was awarded £37 million  (AUD$67.39) after suffering catastrophic brain damage following a delay in administering anti-viral medication.  The Claimant contracted the Herpes Simplex virus at birth at Watford General Hospital in 2012.  He suffered significant cognitive and motor impairment, eyesight and communication problems and behavioural issues.

Liability was admitted and an apology was given at an early stage.  An agreed settlement was approved by the High Court in October 2018 whereby the Claimant was awarded a lump sum payout, plus annual, index linked and tax free expenses to cover the costs of his 24 hour care.  This award is thought to be the highest ever in a clinical negligence case against the NHS.

The previous highest record award from the NHS is believed to be approximately one week before (1 October 2018) where an 18 year old woman was awarded almost £20 million (approximately AUD$36.43 million) for brain injuries suffered as a result of respiratory arrest due to oxygen starvation in 2000.

Rebecca Taylor

Rebecca Taylor