Richard Borrett has recently achieved an unusually high settlement in a neonatal death claim, at mediation. The Claimant (mother of the deceased) suffered severe, debilitating PTSD such that she had not returned to work, and was still significantly disabled by her symptoms some 4 years after the index events. The claim was pleaded on the basis that the claimant had significant future losses, and included a substantial ongoing care and assistance claim.
Liability for the death was admitted but the Defendant trust had denied much of the future loss. The parties agreed to a mediation and with the assistance of the mediator were able to agree settlement at in excess of £300,000.
Richard commented: “mediation is becoming more common in clinical negligence litigation and I have reached settlement in this way on a number of cases recently. It is clearly, in appropriate cases, a sensible step and may assist the parties in reaching a settlement they might not otherwise have achieved”.
Richard was instructed by Jennifer Cawthorne at Irwin Mitchell, Manchester.