Supreme Court confirms children can claim for “lost years” after life-shortening negligence 

The Supreme Court has ruled that children whose lives are shortened by medical negligence are not barred from claiming compensation for the years they will now never live. 

In CCC v Sheffield Teaching Hospitals NHS Foundation Trust, the Court overturned a long-standing rule that had prevented very young children from bringing what are known as “lost years” claims. The decision is likely to have significant implications for serious clinical negligence cases, particularly those arising from birth injuries. 

The case before the Court 

CCC suffered a severe hypoxic brain injury at birth as a result of admitted negligence. She lives with profound disabilities and her life expectancy is around 29 years. 

The NHS Trust accepted responsibility for the injury and agreed that damages should reflect the earnings she would probably have received over the course of her expected lifetime. 

But that is not the lifetime she would otherwise have had. Without the negligence, CCC would have been expected to live for many decades longer. The issue for the Supreme Court was whether compensation could extend to the earnings she would likely have received during those lost years. 

Claims of this kind are often described as “lost years” claims. They arise where negligence reduces a person’s life expectancy and the court is asked to consider the financial value of the years that have been taken from them. 

The earlier legal position 

For adults, the principle has long been recognised. If an adult’s life is shortened because of negligence, damages can include the net income they would have earned during the years they will not now reach. 

For very young children, however, the position had been different for more than forty years. A decision of the Court of Appeal in 1981 (Croke v Wiseman) had effectively prevented children from bringing lost years claims on the basis that predicting a child’s future earning capacity was too uncertain. 

That meant that in cases involving serious birth injuries, compensation could not extend beyond the end of the child’s reduced life expectancy. The law treated children and adults differently, even where the financial impact of a shortened life was clear. 

The Supreme Court’s decision 

By a majority of four to one, the Supreme Court has now overturned that approach. 

The Court accepted that assessing a child’s future earning potential inevitably involves an element of prediction. However, uncertainty is not unique to children. Courts regularly assess future earning capacity in serious injury claims, considering evidence about education, family background and likely career prospects. 

The proper question, the Court held, is whether there is sufficient evidence to show that the claimant would probably have developed an earning capacity and suffered financial loss during the years that have been lost. Age alone is not a principled reason to deny recovery. 

The case will now return to the High Court for damages to be assessed on the facts. 

Why this matters 

The decision removes a long-standing distinction between adults and children in life-shortening injury claims. It does not create automatic awards, and each case will still depend on detailed evidence. What it does is ensure that children are no longer excluded from claiming for the financial consequences of years taken from them simply because of their age at the time of injury. 

For families pursuing complex clinical negligence claims, particularly those arising from serious birth injuries, the judgment provides important clarity. While compensation can never undo the harm caused, the law will now consider the full financial impact of a life that has been cut short. 

About the Author: Rachel Pearce is Head of the Clinical Negligence and Personal Injury team at Coodes Solicitors. She specialises in complex, high-value clinical negligence claims, including birth injuries, surgical errors, misdiagnosis, substandard care and fatal cases, and has a strong track record of securing results in challenging matters.  

Rachel led the team to win Clinical Negligence Team of the Year at the 2024 PI Awards and was named Clinical Negligence Lawyer of the Year at the 2025 Personal Injury Awards. In 2025, she was appointed President of the Cornwall Law Society. 

Get in Touch: rachel.pearce@coodes.co.uk or 01326 214 020