Case Studies of LAF Funding Outcomes
Case Study #1
Jane (name changed for privacy purposes) spent much of her 20s, 30s and 40s plagued by health problems. She was told these were a series of separate issues. Then, in her mid-40s, she suddenly discovered that a brain scan taken 20 years earlier had clearly demonstrated that she was suffering from a neurological condition – but due to a baffling oversight, that diagnosis was not communicated to her and was not acted upon.
Jane and her solicitors (Nick Xenophon & Co) faced an uphill battle to establish that the hospital had breached its duty of care to her and also that her health outcomes would have been significantly better if the diagnosis had been acted upon earlier.
What impact would earlier treatment have had? Would her neurological condition have responded well to the treatments available at the time? As in almost all medical negligence matters, obtaining a number of expert reports dealing with these and other issues was critical, but Jane could not raise the funds required to pay for these.
On Jane’s behalf, Nick Xenophon & Co applied to LAF for these disbursements to be funded, and this was approved. In total, LAF then paid just under $25,000 for expert reports from two neurologists, a psychiatrist, a rehabilitation specialist and an occupational therapist.
In June 2024 Nick Xenophon & Co wrote to us to let us know that the matter settled for a satisfactory sum and “thank you for funding this case; our client is very appreciative of LAF’s support”. LAF is proud to be able to help claimants achieve results like this one.
Case Study #2
In 2006, Deakon Schwarze was delivered by emergency caesarean section at the Women’s & Children’s Hospital. He was eleven weeks premature and as soon as he was delivered, he was observed to be having difficulty breathing spontaneously. A specialist resuscitation team was called to attend but the equipment used was not immediately effective.
Deakon survived but was subsequently diagnosed with cerebral palsy, chronic lung disease, autism spectrum disorder (ASD), severe intellectual disability and an inability to swallow. For the rest of his life, Deakon will require supervision 24 hours a day.
Deakon’s parents engaged DBH Lawyers and lodged a claim for damages arising out of the failure to resuscitate Deakon effectively. As in almost all medical negligence matters, obtaining a number of expert reports dealing with this and other issues was critical, but Deakon's parents could not raise the funds required to pay for these.
On Deakon's behalf, DBH Lawyers applied to LAF for many of these disbursements to be funded, and this was approved.
In May 2021, the Honourable Chief Justice Kourakis awarded Deakon damages amounting to $9,500,000. Although the sum awarded in damages cannot make up for the injuries Deakon suffered through no fault of his own, the money does at least bring some peace of mind in that his complex and ongoing care needs will be met in the future.
Case Study #3
Luke* is a 5 year-old boy who suffers from severe brain damage, resulting in very severe developmental delay. He is going to remain fully dependent on others for his whole life. His family’s commitment in caring for him and ensuring his safety is remarkable.
This is the reality for Luke and his family because his birth did not proceed as expected. Monitoring of Luke’s vital signs during labour began to show that he was in distress. Eventually a decision was made by the hospital staff to proceed to an emergency Caesarean Section, but this happened too late to avoid the brain damage to Luke. As soon as he was born, he required resuscitation with intubation, ventilation and adrenaline. He went into cardiac arrest. He survived, but the brain damage suffered was irreversible.
Luke’s parents engaged Mellor Olsson Lawyers and lodged a claim for damages against the hospital. Pursuing this claim was a long, complicated and contested process. As in almost all medical negligence matters, obtaining a number of expensive expert reports was critical. On Luke's behalf, Mellor Olsson Lawyers applied to LAF for many of the disbursements in his case to be funded, and this was approved – including disbursements for a trial if necessary.
In the end, Luke’s case was fully resolved after mediation, only weeks before a trial was set to begin. Through the expert reports, Mellor Olsson were able to establish that on the balance of probabilities, Luke’s catastrophic injuries and disabilities were caused by negligence at the hospital. Luke was awarded damages exceeding $16,000,000 and his parents also received compensation for their psychological injuries.
Although the sum awarded in damages cannot make up for the injuries Luke suffered through no fault of his own, the money does at least bring some peace of mind in that his complex and ongoing care needs will be met in the future.
*Luke’s name changed to protect privacy