£5.5 million recovered for brain injury victim
07 August 2012
The Criminal Injuries Compensation Authority
(CICA) awarded over £5.5 million after a young boy (X) was abused
as a baby by his birth parents.
At just a few weeks old, X was subjected to
non-accidental physical abuse by his birth parents, resulting in
him suffering severe brain damage, a burn behind one ear and two
fractured legs. X was placed on the child protection register
and was placed with his adoptive parents. As this was an
assault, a claim was made to the CICA, a government scheme to
compensate victims of crimes such as this.
Over the initial 18 year
period the family were provided with interim payments of just
£22,000. The progress that X had made under the care of his
adoptive mother was impressive, especially in view of the contents
of an MRI brain scan which revealed that 75% of the right side of
the brain had been damaged. Although X has developed many
life skills that have confounded the medical experts, he still has
Reports were obtained from a number of experts who all agreed that
as a result of the care provided by X's adoptive mother X had made
amazing progress over the previous 20 years. As a result of the
severity of the injuries sustained however, there was unlikely to
be any further progress, and therefore X would never be able to
live independently. As a result a further interim payment of
£1,000,000 was obtained.
X's adoptive mother, instructed Jill
Greenfield and Mark
injury lawyers at law firm Field Fisher
Waterhouse, in a claim against the CICA. At the time of
instruction in 2010, the family were reliant on DSS benefits, the
home environment was unsuitable and the family were struggling
significantly to deal with his behaviour. Upon instruction
Field Fisher Waterhouse were able to obtain an immediate interim
payment of £50,000, rent more suitable accommodation for the family
to live in, employ a case manager, employ carers and obtain a full
medical evaluation as to X's future needs.
At a CICA hearing in July
2012, Field Fisher Waterhouse secured £5.5 million to ensure that X
has a suitable care regime for life, that he can live in
appropriate accommodation, and that his finances are suitably
managed to ensure that he is looked after for life.
Jill Greenfield said: “The
money that has been awarded will ensure that X has a suitable care
regime for life, that he can live in appropriate accommodation, and
that his finances are suitably managed to ensure that he is looked
after. This will also allow X's mother to become more
independent of her now adult son."
X's adoptive mother said: “Field Fisher
Waterhouse not only helped us to get significant payment, but they
also supported us throughout the process, and helped us find
skilled brain injury professionals who have been able to make
a difference to my son's life."
For further information, please contact:
Nugent, PR Executive, Field Fisher Waterhouse LLP on 020 7861
Louise Eckersley, PR Manager,
Field Fisher Waterhouse LLP on 020 7861 4120