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£4 million for baby left with brain damage at birth causing cerebral palsy

A local NHS Trust have agreed to pay £4 Million pounds after they admitted causing brain damage to a baby at birth. The injury left the Claimant with 4 limb cerebral palsy, partial blindness and intractable epilepsy.

The Claimant, who cannot be named for legal reasons, was born at hospital, when the Claimant's mother was admitted with a history of spontaneous rupture of membranes at 36 + 5 weeks. Prior to admission, at an earlier antenatal clinic visit at 32 weeks, the symphysis fundal height was measured and plotted incorrectly by the Midwife on the customised growth chart, resulting in a series of missed opportunities to identify small for gestational age/inter-uterine growth retardation.

During the labour, when the CTG moved from suspicious to pathological, an incorrect grading of caesarean section was then called for, contributing to a significant delay in transferring the Claimant's Mother to theatre, and a further delay in citing a spinal, when a general anaesthetic was available. At birth the Claimant had persistent pulmonary hypertension, meconium aspiration syndrome, seizures, hypoxic ischaemic encephalopathy grade 3 (severe), transient neo-natal disorder of coagulation, suspected sepsis and early metabolic acidosis.

The NHS accepted that there was a failure to accurately monitor the claimant at earlier antenatal visits, and a further avoidable delay in delivering the Claimant. On the balance of probability had delivery and adequate resuscitation been achieved 15 minutes earlier the Claimant would have avoided all evidence of acute profound asphyxia and the subsequent neuro-disability she now suffers, and would have been born intact.

The Defendant's apologised to the Claimant for the failures, and although the payment could never change the outcome, they hope it will go some way to securing a more comfortable life for the Claimant.

The lump sum compensation of £4 million pounds will support an ongoing care package which will be used to fund lifetime care, therapies, specialist equipment and accommodation.

The Claimant is unable to communicate or mobilise independently and requires 24 hour care, which up to the date of settlement had been provided solely by the Mother. The Claimant will never be able to live independently and the compensation will ensure their future is secure and they can live the best life possible.

The family were pleased the case had finally come to an end, and were now looking forward to getting on with their lives.

The Claimant's Mother expressed her heartfelt gratitude and thanks to Peter Dugdale and Lisa Atkinson at Forbes Solicitors for their continued support, hard work, tenacity and determination throughout the course of the litigation, which remained contested at every level for 5 years. She also expressed her sincere thanks and appreciation to the Barrister, Michael Redfern KC from 9SJ Chambers, for his expert guidance, support, sincerity and vast experience, who worked tirelessly alongside Forbes Solicitors to achieve this outcome.

For more information contact Lisa Atkinson in our Clinical Negligence department via email or phone on 01254 222448. Alternatively send any question through to Forbes Solicitors via our online Contact Form.

Learn more about our Clinical Negligence department here

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