The Supreme Court’s judgment in CCC v Sheffield Teaching Hospitals NHS Foundation Trust represents a monumental change in the law for child claimants who have suffered a catastrophic brain injury. The judgement overruled the decision in the case of Croke v Wiseman which had prohibited child claimants from claiming for ‘lost years.’ This significant judgement has realigned the law with the fundamental principle of compensation, to place the Claimant back in the position they would have been, had the negligence not occurred.

What are Lost Years?

“Lost years” are a type of compensation awarded when a person’s life expectancy has been reduced because of negligence. They represent the income the person would have earned during the years of life they have lost.

These damages recognise that:

  • the injured person loses the opportunity to work and earn a living in the future, and
  • this financial loss is directly caused by the wrongdoing.

Facts of the Case

The Claimant, a young girl with cerebral palsy, caused by the admitted negligence at birth, brought a claim for damages against Sheffield Teaching Hospitals NHS Foundation Trust. Her life expectancy was agreed to be limited to age 29, as a result of the negligence. She would have otherwise expected to gain qualifications, work to retirement and receive a pension.

Future loss of earnings to age 29 were agreed. She also sought “lost years” damages for earnings she would have received beyond age 29, but the trial judge held that he was bound by Croke v Wiseman, which prevents an award of this nature for child claimants. With the judgment rejected, the judge could only grant a leap‑frog appeal, allowing the case to bypass the Court of Appeal and proceed directly to the Supreme Court to consider overruling the decision in Croke V Wiseman.

Why It Matters

The Supreme Court’s decision in CCC v Sheffield Teaching Hospitals NHS Foundation Trust is a major development in clinical negligence law. It brings an end to the long‑standing rule in Croke v Wiseman, which prevented young children from recovering “lost years” damages. It confirms that children whose lives are shortened by negligent medical treatment can recover compensation for the earnings they would have otherwise made, putting them back in the position they would have been, but for the negligence. This is a recognised and established principle of tort law, which had unfairly not been available to child claimants for lost years.

Importantly, the Court also made clear that lost years compensation is available even where the child would not have gone on to have financial dependants. The loss belongs to the claimant themselves, it reflects the income they would have earned during the years of life lost due to the negligence, regardless of whether anyone else would have relied on that income.

The ruling supports consistency and fairness by ensuring that children are now assessed in the same way as adults whose lives are shortened by negligence. The judgment brings fairness and clarity to catastrophic birth injury cases and recognises that a child’s future, though not yet realised, has genuine economic value that the law must acknowledge.

How Ison Harrison Can Help

If you or someone close to you has been affected by negligent medical care resulting in a life‑shortening injury, our specialist clinical negligence solicitors at Ison Harrison are here to help. We understand the emotional and practical challenges in pursuing a clinical negligence claim and will guide you through every step, ensuring access to appropriate medical advice and seeking the answers and compensation you deserve.

Contact us today for confidential advice and compassionate support.