Wednesday, May 5, 2010

Big payout for Bristol teenager who suffered brain injury at birth

A TEENAGER who suffered a devastating brain injury at birth has been awarded "substantial" compensation in settlement of a legal claim against a city GP.
A judge yesterday told the family of 18-year-old Marcus Glassenbury he hoped they would now be able to "breathe a sigh of relief and move on" after a deal was reached to compensate him for his "pain and suffering" and to cover the enormous costs of the care he will need for the rest of his life.
A High Court hearing in London was told that Marcus, of Davis Street, Avonmouth, suffers from "severe developmental problems" due to cerebral palsy said to have been caused by two devastating brain haemorrhages in the hours after his birth in March 1992.
He cannot walk unaided, has limited communication abilities and needs round- the-clock care.
Marcus was born at Southmead Hospital after medics diagnosed a "placental abruption" in his mother Deborah Glassenbury, a serious complication in a pregnancy in which the lining of the placenta ruptures and separates from the womb.
The condition is the most common cause of bleeding in late pregnancy, affecting one in every 100 to 200 pregnancies, and can threaten the life of the baby and mother.
Surgeons carried out an emergency caesarean delivery at 29 weeks, but the rupture allegedly resulted in Marcus's post-birth brain haemorrhages.
Marcus – through his grandmother Angela Russell, of Pill – claimed damages from his mother's then GP, Dr Fiona Short, alleging negligence in failing to arrange a speedier hospital referral.
Dr Short – who was then practising from the Shirehampton Health Centre, in Pembroke Road, Shirehampton – denies negligence and liability. She is no longer listed as a doctor based at the practice.
Marcus's QC, Robin Oppenheim, yesterday told High Court judge Mr Justice Foskett a "compromise settlement" had been reached between the two parties.
It means Marcus will receive "substantial" compensation for his "pain and suffering" and to cover the enormous costs of the care he will need for the rest of his life.
Although the terms of the settlement have been kept confidential, millions of pounds are frequently awarded by the courts in similar cases.
Marcus's case had been prepared by Magi Young, a clinical negligence solicitor who specialises in cases of maximum severity.
Ms Young, a partner in specialist firm Parlett Kent, recently gained an award of £1.8 million for an undiagnosed brain injury.
On another case, an award of £1.2 million for blindness was made after an undiagnosed pituitary tumour.
Mr Oppenheim said Dr Short had visited and examined Marcus's mother early on the day of his birth, when Mrs Glassenbury complained of intense stomach pain.
Dr Short diagnosed a "urinary tract infection", a diagnosis which Mr Oppenheim argued "shouldn't have been made", although emphasising that "liability in respect of that consultation is still very much in dispute".
When Mrs Glassenbury reached hospital that night she was in a "state of shock", he said, and staff rushed her in for emergency surgery after identifying the placental rupture.
Mr Oppenheim claimed earlier diagnosis would have resulted in prompt resolution of the problem, with Mrs Glassenbury's baby proceeding to "full term".
Dr Short's QC, Edward Faulks, stressed that the settlement had been reached without admission of liability but said that the GP was "extremely pleased" that "a large sum of money should be paid to the family for the benefit of Marcus".
Mr Oppenheim said that Mrs Glassenbury and her family had provided Marcus with "unstinting care over the past 18 years".
Mr Justice Foskett, who approved the settlement, told relatives: "It has not been easy, but I hope this makes things easier for you".
Addressing Marcus's grandmother as she sat in court, he added: "This is a significant sum which should make a difference to his life."
He said the family could now "breathe a sigh of relief and move on".
Marcus's parents and grandmother declined to comment on the settlement when contacted by the Evening Post yesterday.

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