Field Fisher Waterhouse recovers substantial damages for
brain-damaged youth
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Matthew's mother 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.”
Richard Earle said: “I
am absolutely delighted that substantial damages have been
recovered on Matthew’s behalf, in what was an extremely complex
case on the medical evidence where both Matthew’s lawyers and
medical team had 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.”
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Richard Earle has recovered a
substantial sum in compensation on behalf of Matthew Ellerbeck, who
sustained serious brain damage after
contracting herpes at the age of six.
In 1997, Matthew suffered a prolonged convulsion,
and was taken in an ambulance to the A&E department of the
Royal London Hospital. Herpes Simplex Encephalitis (HSE) should
have been suspected, and aciclovir (an antiviral drug) should have
been administered immediately. However the drug was not given to
Matthew until over 30 hours later. As a result of this delay,
Matthew sustained serious brain damage. He is now 17, and as a
result of the brain damage he suffers daily epileptic attacks and
severe learning difficulties, as well as serious attention and
behavioural problems.
Matthew’s mother, Susan Culling, brought the case
against Barts & the London NHS Trust on his behalf in the High
Court. Following this long legal battle, Richard recovered
substantial damages. This includes provision for periodical
(annual) payments to be made for the rest of Matthew’s life to
cover his care and accommodation needs.
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