Case: Gentamicin-related deafness and associated educational and developmental problems

The Claimant was born in January 1989, slightly beyond term. She suffered from gentamicin-related toxicity causing profound bilateral deafness. Hearing aids were of limited assistance. She could hear someone shouting at close range. She could lip read.

Her deafness had caused behavioural problems, learning difficulties, poor academic performance and a loss of independence.

Neuropsychological testing did not indicate a formal learning difficulty (defined as an IQ of below 70), but someone of ‘low average’ though essentially normal intelligence. J did have difficulties processing information and suffered delay in expressive language. She had reduced abstract thinking, empathy, problem solving and poor impulse control.

Her educational achievements were of a very low standard, at the 7–9-year level, and mostly falling at the first centile or below. Speech and language report indicates that J functioned at about the age of a 7–8-year-old.

These difficulties were attributable to her poor education, difficulties in acquiring information, difficulty understanding her cohorts and missing a large proportion of her education to date owing to lethargy and to the sheer volume of necessary hospital appointments, as well as her feelings of poor identity and lack of confidence. Although not all experts agreed, she was considered to lack capacity.

It was accepted that the prognosis was poor. J would require extensive care and case management for the rest of her life, with Occupational Therapy (OT) and Speech and Language Therapy (SLT). A range of equipment could help her ability to communicate.

There was some uncertain potential for improvement, avoiding night care, and gaining capacity, but probably not an ability to work, or live completely independently.

The future care and case management was based on 16 hours care a day, with specialist outreach workers for 20 hours a week.

The loss of earnings reflected low family achievement, and the possibility of some potential low earning capacity. PSLA

£125,000