By David Stoker, Senior Underwriter
(Estimated reading time: 1 minute 53 seconds)
Recently Tees Law (an expert law firm of ours), with the assistance of Temple disbursement funding and ATE insurance, helped a young child achieve a multi-million pound settlement in a tragic birth injury case. Below is a closer look at how the case unfolded.
XYZ’s family was referred to Tees in 2016, just a few months after XYZ was born. XYZ had suffered a skull fracture and brain injury at birth. Tees argued that that this resulted from his traumatic delivery and the negligent use of a single Wrigley’s forceps in delivery. Had delivery been managed competently, damage would have been avoided. Liability was denied – the defendant’s position was that the skull fracture was a result of impaction during delivery, not the mechanism of delivery.
The case was originally funded with Legal Aid but Tees’ application for Stage 2 funding (such that proceedings could be issued at Court) was refused by the LAA as, amongst other things, they had concerns regarding the merits of the claim, despite supportive expert evidence and Counsel’s advice. Tees therefore reached out to Temple and were able to proceed on a CFA supported by our ATE Insurance.
Shortly before a liability trial, at a JSM in July 2021, liability compromised at 70%.
Tees then proceeded to deal with Quantum. XYZ is now 7 years of age. His injuries include:
– mixed spastic and dystonic tetraparesis cerebral palsy, GMFCS II/III;
– cognitive impairment, including executive function difficulties;
– a complex array of neurobehavioral problems;
– expressive, receptive and pragmatic language difficulties and disordered speech, occurring in the context of complex sensory processing difficulties.
An RTM was held on 23 October (just 3 weeks before the quantum trial was listed) and subject to Court approval, quantum was compromised. The total settlement capitalised to over £17 million (based on a 67-year life expectancy).
We were grateful to be able to provide the client with both disbursement funding and ATE Insurance to assist Tees in ensuring him and his family found justice and financial support.
Thank you to Tees Law for their exceptional work on this case and for their permission to share this case study.
For more information on ATE insurance and disbursement funding for your firm, please contact David Stoker either by calling 01483 514808 or send an email to
David Stoker, LL.B (Hons)
Senior Underwriter
David Stoker, LL.B (Hons)
David joined Temple in 2015 having previously been an underwriter for another ATE insurance provider for nearly 9 years dealing with all aspects of personal injury work.
David’s experience allows him to undertake a key role in Temple’s ATE insurance personal injury and clinical negligence teams. He also participates in the assessments of delegated schemes that Temple provide with the objective of helping our customers make the most of the products and services Temple has to offer.
David has a LLB honours degree in law and also completed the Legal Practice Course at Guildford College of Law obtaining a commendation. He has worked as a personal injury case handler for 2 firms of solicitors post-graduation before moving into LEI.
Read articles by David Stoker, LL.B (Hons)
