The purpose of today’s hearing has been for me to consider whether the proposed settlement of the damages claim in this case is in the best interests of the Claimant who is aged 13 and is a protected party…[1]
On 19 September 2009, C (who was just 17 months old) suffered a focal seizure which affected the right side of his face. An ambulance was called, and he was taken to [h]ospital. While in the A&E department, he suffered a second focal seizure, while under observation by medical personnel. He was sent home and, despite re-attendance, was not diagnosed with the virus HSV until 24 September 2009. He sustained catastrophic brain injuries, leading to profound impairments, and intractable epilepsy. [2]
C suffers from severe learning difficulties, mild right hemiplegia, severe drug-resistant multifocal epilepsy, autism and severe behavioural problems with violent outbursts. He has very significant care needs. The relevant experts agree that he needs what is called in the papers “double-up care”, for the rest of his life… C’s team have helpfully given me their overall capitalised value of this award as being approximately £27.3 million. [3]
I am satisfied that the proposed settlement is a sensible settlement from C’s point of view. I am happy to give my approval to the settlement. [5]
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