Hills v State of Queensland

In the case of Hills v State of Queensland, the plaintiff sought damages for injuries sustained at birth due to an emergency caesarean under the circumstances of foetal cardiac arrest, resulting in brain damage and a form of cerebral palsy known as choreo-athetoid. The State of Queensland admitted negligence, and the primary issue was the assessment of damages, including the plaintiff's probable lifespan, care costs, future medical expenses, loss of earnings, and other pecuniary and non-pecuniary damages. The court had to determine the appropriate method to calculate the plaintiff's future care costs, whether the market rate for care should apply, and if there should be a discount for contingencies. It also had to decide on the appropriate weekly earnings level to base the plaintiff's loss of future earning capacity on, and whether allowances for long service leave and superannuation were justified.

The court addressed these issues by examining expert evidence on the plaintiff's probable lifespan, which varied significantly. It concluded that the plaintiff's care costs should be based on market rates, with appropriate adjustments for shift lengths and contingencies. Regarding loss of future earnings, the court decided that the plaintiff's earning capacity should be assessed based on the weekly earnings of solicitors, given the plaintiff's intellectual capacity. The court also ruled that the plaintiff was not entitled to allowances for long service leave or superannuation, as these benefits were not applicable given the plaintiff's circumstances. Furthermore, the court assessed the plaintiff's entitlement to various costs, including house modifications, hydrotherapy pool costs, housekeeping, technological aids, and additional educational, motor vehicle, and holiday expenses.

The judgment resulted in a total award of $5,502,793 to the plaintiff, encompassing all assessed damages and costs. This comprehensive award reflects the court's detailed consideration of the plaintiff's unique needs and the extensive nature of the injuries sustained.