Interim Payment Approved for Minor's Medical Treatment

The court approved an interim payment for a minor who suffered hypoxic brain damage at birth, allowing the minor to receive necessary occupational, speech therapy, and educational support.

Supreme Court New South Wales

Medium Neutral Citation: [NAME] v [NAME] (No 2) [2019] NSWSC 1795 Hearing dates: 11 December 2019 Date of orders: 11 December 2019 Decision date: 11 December 2019 Jurisdiction: Common Law Before: Lonergan J Decision: (1) The proceedings are listed for directions before the Registrar for ongoing case management on Friday, 7 August 2020 at 9:00am. Catchwords: CIVIL PROCEDURE – medical negligence proceedings – application for interim payment – application supported by medical evidence – application granted – case management orders made Category: Procedural and other rulings Parties: [NAME] by her tutor [NAME] (Plaintiff) [NAME] (Defendant) Representation: Solicitors: [redacted] [NAME] (Defendant) File Number(s): 2017/217232 Publication restriction: Nil

EX TEMPORE Judgment 1. These proceedings were listed before me as Duty Judge in order to consider whether orders should be made approving an interim payment to the plaintiff.

2. The plaintiff is 7 years of age and suffered hypoxic brain damage at birth. The well curated medical evidence tendered before me on the application to approve the interim payment indicates significant need for occupational, and speech therapy and educational support and assistance.

3. I have been informed and I accept that up to now, the plaintiff's family have not been able to afford this concerted and costly treatment. Given I will now approve the interim payment, this intensive treatment can now be embarked upon. In those circumstances, it was submitted by [NAME] on behalf of the plaintiff that there was little utility in making time limited orders as to further preparation, at least in the next six to seven months. 4. [NAME] on behalf of the defendant appropriately submitted that the matter should remain on track if something of utility can be done.

5. I am of the view that [NAME]'s approach to the matter is appropriate given the stage of the plaintiff's development and the state of preparedness of the expert evidence in the proceedings up to now.

For these reasons, I am of the view that it is appropriate that no further requirements of expenditure on medico-legal reports ought to be mandated by this Court until the effect of the proposed concerted therapies has some prospect of being measured.

6.

Accordingly, it seems to me appropriate that the matter stand over for a period of at least seven months before further case management directions are made, to allow that process to occur.

Orders 1. The proceedings are listed for directions before the Registrar for ongoing case management on Friday, 7 August 2020 at 9:00am.

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