{"id":98230,"date":"2024-10-25T20:53:26","date_gmt":"2024-10-25T20:53:26","guid":{"rendered":"https:\/\/teknomers.com\/en\/the-state-is-sentenced-to-pay-10-million-to-arvid-gundersen-after-injury-during-childbirth-news-vestland\/"},"modified":"2024-10-25T20:53:28","modified_gmt":"2024-10-25T20:53:28","slug":"the-state-is-sentenced-to-pay-10-million-to-arvid-gundersen-after-injury-during-childbirth-news-vestland","status":"publish","type":"post","link":"https:\/\/teknomers.com\/en\/the-state-is-sentenced-to-pay-10-million-to-arvid-gundersen-after-injury-during-childbirth-news-vestland\/","title":{"rendered":"The state is sentenced to pay 10 million to Arvid Gundersen after injury during childbirth – news Vestland"},"content":{"rendered":"\n

When Arvid Gundersen was born nine years ago, a catastrophic caesarean section was performed. The doctors at the Women’s Clinic in Bergen then struggled to free the boy’s head. This caused him to suffer life-long injuries, with spinal cord damage and respiratory failure, and he was paralyzed from the chest down. Today, he is dependent on round-the-clock help. He has previously received NOK 17.2 million in patient compensation, but the parents demanded NOK 40 million and sued the state. What does “full compensation” mean? “Arvid must have compensated his full loss, that is to say that he must be financially treated as if the damage had not occurred”, the parents demanded on behalf of their son. The dispute has centered on how the total amount of compensation should be calculated for current and future expenses for necessary relief measures and adapted housing. Judgment in the case was handed down in Hordaland District Court on Friday. The state at the Patient Injury Board must now pay an additional NOK 9.9 million in compensation to him. In addition, the state must pay court costs of NOK 800,000. Everything must be paid within two weeks. Thus, the total compensation to Arvid is up to NOK 27.7 million. The state must pay a new NOK 10 million in patient compensation to Arvid Gundersen after the birth injury at the Women’s Clinic in Bergen in 2015. The total compensation is now almost NOK 28 million. Photo: Simon Skjelvik Brandseth \/ news Dispute over compensation amount for birth injury Arvid (9) Norwegian Patient Injury Compensation decided in 2018 that Arvid Gundersen should receive NOK 11.6 million in compensation after the birth injury he suffered in 2015. This has later been adjusted upwards. In total, NOK 17.2 million in compensation has been paid to the boy so far. But the family and the state disagreed about how much Arvid is actually entitled to be covered by social medical expenses and housing – both now and in the future. Social medical expenses mean benefits that should contribute to giving him more independence, independence and well-being in everyday life. The Hordaland district court has now ordered the state to pay a further NOK 9.8 million in compensation. Arvid must be guaranteed equal opportunities The District Court refers to both the constitution and the international convention on the rights of people with disabilities (CRPD). The aim is “that Arvid should be ensured the most equal possible participation in society”, says the judgment. As an argument for increasing the compensation, the court points out that “Arvid risks that the public service offer over time will most likely deteriorate somewhat as a result of general social development – not least in the period after Arvid has turned 18.” The district court believes that this can happen both as a result of Bergen municipality seeing itself forced to reduce the offer, and as a result of “the more general challenges described in the Perspektivmeldingen”, in particular that the “eldreb\u00f8lgen” will affect the welfare services in Norway. Arvid has always been a quick-witted boy, despite the physical birth injuries. Here as a 2-year-old. Photo: Private “Mature and reflective boy” Arvid currently receives 128 hours of user-controlled personal assistant (BPA) each week, in addition to 40 hours of assistance a week through the school. He also gets 24 days per year for holiday, where they get eight extra hours per day. The injuries after birth, however, have had no effect on Arvid’s cognitive abilities. He is described as a mature and reflective boy who likes to be active. – He is a quick and happy boy, but he himself acknowledges that it is difficult at times to have such an extensive need for assistance as he would prefer to do like others his own age, writes the family’s lawyer in a press release. Arvid has “banked the state” As a result of the damage, the parents have rebuilt the family home. The entrance and outdoor area are also adapted to Arvid as a wheelchair user. In addition, Arvid demanded NOK 277,000 to cover the purchase of the off-road wheelchair. In the district court, he said that he wants to live on his own when he grows up, study and get a job, as well as have an active free time, and be able to go on holidays and excursions with the necessary assistance. – There is no doubt that Arvid has defrauded the state, says lawyer Carl Aasland Jerstad, partner in the Haver law firm. Arvid and his parents’ lawyers, Carl Aasland Jerstad and Cecilie Haukalid. Photo: Haver Advokatfirma AS The lawyer has not had the opportunity to speak to the family yet, but emphasizes that he thinks this is a good and thorough judgement. – For now, we see that there is a huge difference between accepting the sum that came first – NOK 11.6 million – and what we are left with, which is now a sum of NOK 28 million if the state does not appeal the verdict, says Jerstad. – Norwegian record in patient compensation Arvid’s mother Anna Hansson tells news that they will assess the verdict together with their lawyers during the weekend. – This is a new Norwegian record for personal injury compensation, when you disregard the “America verdict” where around NOK 85 million was awarded, says Jerstad. In the “Amerika judgment”, Jerstad was the lawyer for another family, whose daughter Nora suffered a serious brain injury at the Women’s Clinic in Bergen. This case was unique in that the half-American family had settled in the United States. Nora received sufficient compensation from the Norwegian state to cover the costs of lifelong care in the USA. Published 25.10.2024, at 16.19 Updated 25.10.2024, at 20.46
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When Arvid Gundersen was born nine years ago, a catastrophic caesarean section was performed. The doctors at the Women’s Clinic in Bergen then struggled to free the boy’s head. This caused him to suffer life-long injuries, with spinal cord damage and respiratory failure, and he was paralyzed from the chest down. Today, he is dependent […]<\/p>\n","protected":false},"author":1,"featured_media":98231,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[3685,1377,12971,1316,679,16,1345,1569,5,40],"class_list":["post-98230","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-general","tag-arvid","tag-childbirth","tag-gundersen","tag-injury","tag-million","tag-news","tag-pay","tag-sentenced","tag-state","tag-vestland"],"_links":{"self":[{"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/posts\/98230","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/comments?post=98230"}],"version-history":[{"count":0,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/posts\/98230\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/media\/98231"}],"wp:attachment":[{"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/media?parent=98230"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/categories?post=98230"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/tags?post=98230"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}