What is a typical compensation award for cerebral palsy from oxygen deprivation?
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
There is no ‘typical’ compensation award for cerebral palsy from oxygen deprivation as each claim for birth injuries due to a lack of oxygen is settled according to its individual merits. Even if you were to take an average of cerebral palsy awards of compensation that featured in the press, this would not result in an accurate picture, as many smaller settlements are unreported when they do not involve headline-grabbing injuries.
A claim for birth injuries due to a lack of oxygen may not result in an award of cerebral palsy for oxygen deprivation at all if it cannot be proven that the injuries sustained by a child were attributable to medical negligence. Indeed many cerebral palsy awards of compensation will be far less than those reported in the media when relatively ‘minor’ injuries have been sustained – for example monoparesis or mild diparesis.
In order to establish the compensation award for cerebral palsy from oxygen deprivation your child may be entitled to, it is recommended that you speak directly with a solicitor to establish first of all that you are entitled to make a claim for birth injuries due to a lack of oxygen on your child´s behalf, and then to determine the value of your claim.
Your solicitor would engage the services of medical experts to confirm that your child´s birth injuries were due to medical negligence and also to establish the level of care he or she will require as they grow older. A compensation award for cerebral palsy from oxygen deprivation will also take into account the emotional trauma that you have suffered, how your quality of life has been affected by having a disabled child in your family and the expenses that you have already personally incurred – and those that you will incur in the future.
It may also be the case by the time that your child´s claim for birth injuries due to a lack of oxygen is resolved, that cerebral palsy awards of compensation are settled using a periodic payment system – which would be better for your child if they have suffered a catastrophic birth injury and would ensure their financial security for the rest of their life. This structure would change any concept of how much a ‘typical’ compensation award for cerebral palsy from oxygen deprivation would amount to, due to it being a lifetime award and not a one-off payment.
For more information on cerebral palsy awards of compensation, and how they relate to your individual circumstances – and those of your child – you should speak with a solicitor at the first possible opportunity.