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Compensation for Cerebral Palsy Injury Claim Approved in Court

A woman, who was starved of oxygen due to a surgical error during a routine operation when she was an infant, has had her compensation for cerebral palsy injury claim approved in court.

Stacey Jayne Smith (24) was just a baby when she was admitted to Nottingham City Hospital in 1988 with feeding problems and a high temperature. Doctors suspected that Stacey Jayne was suffering from gall stones and scheduled surgery to remove her gall bladder.

However, during the operation, Stacey Jayne went into cardiac arrest after her bowel was accidently punctured and, due to her heart stopping temporarily, Stacey Jayne suffered brain damage and was left with cerebral palsy.

Mr Justice Tugendhat at the High Court in London heard that Stacey Jayne grew up with learning difficulties and unable to walk any distance – all the while her parents unaware that they were entitled to make a cerebral palsy injury claim for compensation.

 In 2008, Stacey Jayne´s parents made enquiries about making a cerebral palsy injury claim for compensation on their daughter´s behalf, and an investigation was launched by the East Midlands Strategic Health Authority.

After agreeing 70 per cent liability for Stacey Jayne´s injuries, an undisclosed settlement was agreed between Stacey Jayne´s parents and the Health Authority which was approved by Mr Justice Tugendhat in the High Court.

The judge added” I do express my sympathy to Stacey’s family and wish them all the best for the future. Stacey has been very fortunate in the support her family has given her, so lovingly, for so long.”