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Emily – clinical negligence compensation award

Emily suffered a brain injury at birth resulting in severe physical and mental disabilities. The injuries were caused by negligence in the management of her birth and HJA’s clinical negligence team acted for her in her claim for compensation.

Philippa Barton, a partner at HJA and head of the Court of Protection team, was appointed as professional deputy when the NHS admitted liability and made an interim payment of £200,000.

The family were living in cramped conditions in a housing association flat and more suitable accommodation was quickly found for them to rent. Arrangements were made to adapt the new property for wheelchair access, use of hoists and disability equipment.

The family had been carrying out most of the care themselves. With the interim payment from the NHS, we were able to employ a case manager who then worked with the family to recruit carers, arrange therapies and purchase equipment.

As the claim progressed, there was close liaison between the deputy and the HJA clinical negligence team who were running the compensation claim to ensure that all money spent on Emily was recovered from the NHS. The case settled in 2013 for a lump sum of £3 million and periodical payments of £230,000 per annum.

Since settlement, the Deputy has bought a property for Emily which was extended and adapted. Our team was able to deal with the conveyancing, the planning application, the application for buildings consent, the tender process and the building project itself.

Our deputy team work closely with Emily’s parents to ensure that Emily has everything that she needs, that the investments achieve the best possible return and that expenditure keeps within the annual budget. We keep detailed accounts and deal with the tax returns, annual reports and general financial management.