Man with cerebral palsy can claim for damages after 35 yearsBMJ 2010; 340 doi: https://doi.org/10.1136/bmj.c1455 (Published 12 March 2010) Cite this as: BMJ 2010;340:c1455
- Clare Dyer
A 35 year old man with cerebral palsy has been given the go ahead for a £6m (€6.7m; $9m) negligence claim over his birth.
Three appeal court judges ruled that Julius Whiston can proceed with the claim for compensation over his delivery at Queen Charlotte’s maternity hospital in west London in September 1974.
A High Court judge, Mr Justice Eady, decided last year that the case could go ahead, but the NHS litigation authority appealed, arguing that the claim was launched too late.
The law says that claims for personal injury must be brought within three years of reaching …