The court noted that the litigation was complicated and involved significant risks for both parties
In a recent ruling, the Ontario Superior Court of Justice has approved a $4.5 million settlement in a medical malpractice case involving a young man who suffered brain damage as a newborn.
The case, brought on behalf of 17-year-old Nathaniel Hughes, was settled after mediation between the plaintiffs, Nathaniel and his parents Adam and Dawn Hughes, and the defendants, Peterborough Regional Health Centre (PRHC) and two pediatricians.
The lawsuit stemmed from medical treatment provided to Nathaniel in December 2006 at the PRHC when he was just 16 days old. Nathaniel, who had been born without complications via caesarean section and discharged four days later, was readmitted to the hospital due to respiratory issues caused by Respiratory Syncytial Virus (RSV). He suffered hypoxic-ischemic encephalopathy, a condition that caused cognitive and psychological impairments, which the family claimed was due to inadequate care during his hospitalization.
The plaintiffs issued the statement of claim in 2010, alleging that the care Nathaniel received at the hospital led to his severe brain injury. The defendants, including pediatricians Dr. Michael Boyer and Dr. Iain Jamieson, disputed these claims, offering alternative explanations for Nathaniel’s injuries.
The court-approved settlement includes $2.6 million in damages to Nathaniel, most of which will be placed in an annuity that guarantees a lifetime of tax-free payments. The settlement also covers legal fees, disbursements, and other costs, leaving Nathaniel and his family with a structured income plan.
The Superior Court found the settlement in Nathaniel's best interest, noting that the litigation was highly complex and involved significant risks for both parties. The structured settlement plan ensures Nathaniel's stable financial future, providing him with annual payments and periodic lump sums over his lifetime.
The settlement brought an end to over a decade of legal proceedings, concluding with the dismissal of all claims and cross-claims related to the case.
