Lucy Letby’s victims’ families using civil courts to ‘seek answers’ nine years after crimes began
Almost 20 families of Lucy Letby’s victims are seeking compensation – nine years after the former neo-natal nurse began her crimes.
A lawyer representing some of the parents said that they are using the civil actions to seek ‘explanations and answers’ that have been ‘sorely lacking’.
Tamlin Bolton, of Switalskis Solicitors, told Metro.co.uk that the families have suffered a ‘tragedy’ and are using every legal channel available.
NHS Resolution, which handles concerns and disputes, currently has 18 open compensation claims on its books, according to information released by the body after a request under the Freedom of Information Act.
The cases relating to Letby, 34, were taken from a period spanning 2015 to 2016 up to the present financial year.
They have risen from fewer than five a year ago, the data shows.
The serial baby killer, who worked at the Countess of Chester Hospital, is currently in prison serving 15 whole life terms for seven murders and seven attempted murders.
Ms Bolton, senior associate solicitor in the clinical negligence department, said: ‘It would be inappropriate to comment on the progress of any individual claims.
‘However, our clients at Switalskis Solicitors instructed us to represent them several years ago before any criminal charges were brought.
‘Whilst compensation was never the aim, before the arrest of Lucy Letby bringing a civil claim was thought to be an avenue to discovering the truth as to what had happened to their children at the Countess of Chester Hospital.
‘The families I represent have been through a tragedy, for which explanations and answers have been sorely lacking over some years.
‘Understandably, they now intend to embark on all legal avenues to establish what happened to their children and to achieve justice.’
Letby murdered seven babies and attempted to murder seven others, which included trying to kill one of the newborns twice.
On July 2, a retrial jury convicted her of trying to murder a ‘very premature’ infant named as Baby K in a hearing which followed her convictions almost a year before.
A total of 18 compensation claims are ongoing relating to Letby, according to NHS Resolution data.
The fallout to the Letby case also includes the ongoing Thirlwall Inquiry, which has a remit to examine the relevant events at the hospital and across the wider NHS.
Ms Bolton said: ‘Following the criminal trial there was evidence to suggest that concerns had been raised about Lucy Letby before police involvement.
‘Naturally, that was outside the scope of the criminal proceedings against Lucy Letby.
‘Lady Thirlwall was appointed to chair a public Inquiry to consider if the conduct of staff and internal procedures at the Countess of Chester had contributed to any failure to protect those babies from harm.’
Jo Chapman, partner in the child brain injury team at Bolt Burdon Kemp, believes that the families should be given interim payments as a result of the ordeals that they and the surviving children are still suffering.
‘The babies who survived Lucy Letby’s attempts to murder them but suffered injuries they would not otherwise have suffered will receive compensation to meet their life-long needs due to their avoidable injuries,’ she said. ‘Factors such as the extent of the child’s needs and their life expectancy will influence the settlement amount.
‘There are times when final compensation payments are delayed because experts cannot definitively determine a child’s prognosis and lifelong needs.
‘However, it’s crucial that those children and their families aren’t left without any support during this period.
‘They should be able to access interim payments of compensation to cover their immediate and ongoing needs until the experts reach a final decision.’
In the response to Metro.co.uk’s FOI request, NHS Resolution stated that compensation claims may take ‘years to settle and close’.
The answer reads: ‘Claims notified/received in any given year will often relate to incidents that have occurred many years prior.
‘Due to the nature of clinical negligence claims and the level of investigation needed to bring them to a resolution, claims received and notified in a specific year may take years to settle and close.’
A year ago there were fewer than five claims — with NHS Resolution saying that to disclose the exact amount would contravene data protection.
A spokesperson for the body said: ‘Our sympathies are with the families affected. We are unable to comment further due to patient confidentiality.’
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