Family wins six-year legal battle with nine million settlement

Release date: 27/5/2010

The High Court in London, has approved a £9 million settlement of Lewis Merrigan's medical negligence claim against Northampton General Hospital NHS Trust.

Lewis was born on 20 June 2002. Prior to his birth, the hospital failed to interpret abnormal monitoring signs, including a sudden drop in his fetal heart rate which led directly to severe fetal distress. As a result Lewis was starved of oxygen and suffered permanent brain damage. Lewis has very substantial disabilities arising from a spastic quadriplegic form of cerebral palsy. He cannot walk, stand or sit unaided. He has little useful movement in any of his limbs. He has some rolling skills and can roll from his front to his back. He has very severe learning difficulties.

His most intractable problem is his severe epilepsy. He has many hundreds of myoclonic jerks every day. He is on anti-epileptic medication and has had a vagal nerve stimulator that does appear to assist in stopping his seizures. His life expectancy has been considerably shortened as a result of his profound disabilities. Lewis' brain injury also had a huge impact on his parents Liz and Jason Merrigan, as well as their extended families.

In a joint statement, Mr and Mrs Merrigan said: "We are relieved that the long legal fight has at last been brought to an end. The compensation can never, ever reverse the damage and pain that Lewis suffered. But it will at least ensure he will always have a safe and caring environment for the rest of his life.

"We couldn't have got through this legal battle without the love and support of our extended families, especially Hilary Jones, Lewis' grandmother who has acted as his advocate. She has alleviated an enormous amount of stress from�us by taking on this role.�In doing so she has allowed us as a family to concentrate on Lewis' care and taken away all of the stresses and worries a case like this causes a family."

The family first instructed Harvey Ingram in July 2004. Court proceedings were issued on 11 September 2007. Following admissions made by the Trust, judgment was given in favour of Lewis on 23 October 2007.

Since then Lewis' solicitor Robert Rose, a medical negligence specialist, has been instructing a number of experts to assist in the valuation of Lewis' claim. They cover a number of key disciplines including occupational therapy, physiotherapy, accommodation, education, speech and language, orthopaedics and paediatrics.

Mr Rose said: "I would like to pay tribute to Mr and Mrs Merrigan who have shown exceptional determination, tenacity and togetherness in pursuing this long-running dispute. While the settlement is substantial, it should not eclipse the fact that there's a young boy at the centre of this tragedy who will never be able to lead a normal life, or do the things the rest of us take for granted."

Mr and Mrs Merrigan opted to move to Newcastle in February 2008, so that Lewis could go to the nationally-renowned Percy Hedley School, which is regarded as a beacon of excellence in meeting the educational needs of youngsters with conditions like cerebral palsy.

The settlement involves both a lump sum payment and periodical payments for Lewis. The periodical payments offer will mean that a sum of money is paid over to the family on an annual basis for the rest of Lewis' life. If he survives as expected, the combined award is worth more than £9 million in today's terms.

Compensation will be paid out in instalments during the course of Lewis' life and in particular will be used to fund 24-hour care. Until recently both Liz and Jason, who both gave up their own careers following Lewis' birth, looked after Lewis every day and every night. The compensation award enables them to get professional help for Lewis' needs every day and every night.

Northampton General Hospital NHS Trust chief executive Andrew Riley, apologised to Mr and Mrs Merrigan in March 2007. He indicated that the level of care provided to Mrs Merrigan fell below an acceptable standard and offered his profound apologies on behalf of all the staff involved at the time.