Brain-damaged-boy receives compensation for 30-hour-delay

4th, July 2008

After an nine-year case a brain-damaged boy has received a substantial settlement for a 30-hour treatment delay.

Matthew Ellerbeck, was rushed to the A&E department of the Royal London Hospital in 1997 after a convulsion. He was suffering from herpes Simplex Encephalitis. Anti-viral treatment (acyclovir) should have been administered immediately but there was a 30-hour delay.

He sustained serious brain damage as a result of the delay. As a result he suffers daily epileptic attacks and has severe learning difficulties, as well as serious attention and behavioural problems.

The case was settled two months before the case was due to go to trial at the High Court. Barts & the London NHS Trust had accepted that the treatment-delay was negligent, but argued that most of the damage would have occurred anyway. The settlement provides for periodical (annual) payments to be made for the rest of the claimant’s life to cover his care and accommodation needs.

Matthew’s mother Susan Culling said: “I was determined to press on and seek justice for Matthew. I am very pleased at the level of compensation which will make a huge difference to Matthew’s life.”

The family’s lawyer Richard Earle said: “I am absolutely delighted that substantial damages have been recovered on Matthew’s behalf, in what was an extremely complex case.

“Both Matthew’s lawyers and medical team worked extremely hard to overcome the defendant’s arguments on causation. This will improve the quality of Matthew’s life and provide protection for the future.”

Brain-damaged-boy receives compensation for 30-hour-delay

After an nine-year case a brain-damaged boy has received a substantial settlement for a 30-hour treatment delay.

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