Damages - Pain, suffering and loss of amenities - Liability admitted - Assessment of damages

Whiten (by his litigation friend, Nowell) v St George’s Healthcare NHS Trust: QBD (Mr Justice Swift): 5 August 2011

The claimant claimed damages for personal injury and financial losses sustained as a result of the defendant NHS trust’s negligent management of his mother’s labour and his birth.

Breach of duty was admitted by the defendant and the defendant further admitted that its breach of duty had caused the claimant’s injury. The claimant suffered profound hypoxic-ischemic damage and developed a mixed spastic-dystonic cerebral palsy. Judgment was entered for the claimant. The proceedings concerned the assessment of damages.

The issue arose as to, inter alia, what should be awarded for pain, suffering and loss of amenity.

The court ruled: In the circumstances of the case, the appropriate award for pain, suffering and loss of amenity would be £257,889 (inclusive of interest) (see [531] of the judgment).

David Melville QC, Rohan Pershap QC and Robert Marven (instructed by Kester Cunningham John) for the claimant; Philippa Whipple QC and Maria Roche (instructed by Bevan Brittan) for the defendant.