Last month, the son of former Chelsea and Liverpool footballer Nigel Spackman made the headlines when he was awarded £3 million in damages for medical negligence. The footballer’s 12 year old son received the compensation in respect of his Cerebral Palsy.

Shortly after Fraser Spackman’s birth he developed jaundice. This was not properly treated by the hospital in question and become so severe that he suffered brain damage.

 

Speaking after the settlement, Nigel Spackman said that the family had decided to pursue legal action to try and ensure something similar did not happen ever again to children in the same situation. The case highlights that these incidents can happen to anyone, rich or poor.

In many instances of medical negligence, the patient may just accept what has happened as “one of those things”. However, Cerebral Palsy cases are perhaps rather different. A seven-figure award could really make a major change, for the better, to the patient’s life. These cases can be all very emotional for the parents. Most instances of Cerebral Palsy, of course, will not have been occasioned by medical negligence. If the parents feel that a claim would not be overall in the best interests of the child/family, they must really be the best judge of that.

However, I have acted and still act for many Cerebral Palsy sufferers here in Gwent. The improvement to the child’s quality of life that can flow from an award of damages is enormous. Equipment and therapy that would otherwise have been beyond the family can be bought using any damages. Likewise, professional carers can be employed to take off some of the massive responsibility that goes with bringing up a Cerebral Palsy child. Approximately 1 child in every 400 has Cerebral Palsy. A year ago, one of the highest ever British Cerebral Palsy awards was made against a South Wales Trust.

Legal Aid remains available for these cases. The child Claimants invariably receive such funding on the basis that their parents’ income and savings are not taken into account in assessing their eligibility for Legal Aid.

A recent change in the law earlier this year means that instead of a large lump sum, it can now be that the award is made by way of “periodical payments” whereby the Claimant receives the money on an annual basis for the rest of their life. That instead of one very large payment at the outset which needs careful management to ensure it lasts long enough.

There are special rules on the time limits for claiming in respect of children. Also, individuals who suffer from mental incapacity. The three-year time limit on claiming only begins from the Claimant’s 18th birthday if the alleged negligence and injury occurred whilst they a minor. Where a Cerebral Palsy victim suffers from a defined mental incapacity then the normal time limits on claiming may well not apply at all so that some Cerebral Palsy claims are brought when the Claimant is well into adulthood.