Field Fisher Waterhouse recovers substantial damages for brain-damaged youth
25 June 2008
Law firm, Field Fisher Waterhouse LLP has
recovered a substantial sum in compensation on behalf of Matthew
Ellerbeck, who sustained serious brain damage after contracting
herpes at the age of six.
In 1997, Matthew suffered a prolonged convulsion,
and was taken in an ambulance to the A&E department of the
Royal London Hospital. Herpes Simplex Encephalitis (HSE) should
have been suspected, and aciclovir (an antiviral drug) should have
been administered immediately. However the drug was not given to
Matthew until over 30 hours later.
As a result of this delay, Matthew sustained
serious brain damage. He is now 17, and as a result of the brain
damage he suffers daily epileptic attacks and severe learning
difficulties, as well as serious attention and behavioural
problems.
Matthew’s mother, Susan Culling, brought the case
against Barts & the London NHS Trust on his behalf in the High
Court. Richard Earle, a lawyer in the Personal Injury and Medical
Negligence Group at Field Fisher Waterhouse, conducted Matthew’s
case to settlement.
The hospital accepted the delay in treating the
HSE was negligent, but it argued that most of the damage and
subsequent consequences to Matthew would have occurred
anyway.
The case had gone on for nine
years, in which time a number of concessions were
made by the hospital, when a settlement was agreed two months
before the case was due to go to trial.
Following this long legal battle, Field Fisher
Waterhouse recovered substantial damages. This includes provision
for periodical (annual) payments to be made for the rest of
Matthew’s life to cover his care and accommodation needs.
Susan Culling said: “I was determined to press on
and seek justice for Matthew. I am very pleased at the level
of compensation which will make a huge difference to Matthew’s
life.”
Richard Earle said: “I am absolutely delighted
that substantial damages have been recovered on Matthew’s behalf,
in what was an extremely complex case on the medical evidence where
both Matthew’s lawyers and medical team had worked extremely hard
to overcome the Defendant’s arguments on causation. This will
improve the quality of Matthew’s life and provide protection for
the future.”
Matthew was represented by James Badenoch QC and
Dennis Matthews of Counsel.
For further press information, please
contact:
Louise Eckersley, PR Manager,
Field Fisher Waterhouse LLP on 020 7861 4120
Scarlett Yianni, PR Assistant,
Field Fisher Waterhouse LLP on 020 7861 4795