Supreme Court rules young children can now recover ‘lost years’ damages in landmark decision.

A major shift in medical negligence law has been confirmed following the Supreme Court’s judgment in CCC v Sheffield Teaching Hospitals NHS Foundation Trust, handed down on Wednesday 18 February 2026.

The ruling overturns decades of legal precedent and is expected to lead to significantly higher compensation awards for children who suffer life shortening injuries, as a result of negligent medical care.

Background to the Case

The child claimant, anonymised as CCC, was born in 2015 at Sheffield Teaching Hospitals NHS Foundation Trust. During labour, monitoring revealed clear signs of an abnormal foetal heart rate. Despite this, no appropriate action was taken. As a result of the substandard treatment, CCC sustained a severe hypoxic brain injury, caused by oxygen deprivation.

CCC now lives with profound and permanent disabilities, including cerebral palsy, visual impairment and epilepsy. She requires 24-hour care, and her life expectancy has been reduced to just 29 years. The Trust admitted liability for the failures in her care and accepted responsibility for her shortened life expectancy.

It was also agreed that, had she received appropriate treatment, CCC would have been uninjured and would likely have worked until the UK average age of 68.

Overturning Decades of Legal Precedent

Historically, the law has prevented children with a reduced life expectancy from recovering damages for “lost years”, which is compensation for the earnings a person would have made during the years of life they have lost or are likely to lose.

This principle stemmed from the 1982 Court of Appeal decision in, Croke v Wiseman, which held “lost years” damages could not be recoverable by claimants who would never have dependants. Such claims were considered too speculative.

When CCC’s case came before the High Court in 2023, Mr Justice Ritchie ruled that he was bound by Croke v Wiseman and therefore declined to award damages for the lost years. CCC’s mother appealed to the Supreme Court on her behalf.

In a four-to-one majority decision, the Supreme Court has now overturned the position established in Croke v Wiseman.

What the Supreme Court decided

The Court ruled that compensation for children in CCC’s position should reflect the full value of their lost earnings and pension over a normal working life, rather than limiting damages to the income they would have earned during their shortened life.

This landmark ruling brings child claimants into alignment with adults, who have long been entitled to recover damages for lost years.

Why this matters

For children affected by medical negligence, the decision represents a significant step towards fairer and more comprehensive compensation. It ensures that damages more accurately reflect the true financial impact of life limiting injuries.

If your child has been affected by failures in maternity care, our specialist team is here to help. Please get in touch for confidential advice and support.