Simpson Millar took on the case of a twin born with cerebral palsy. Medical Negligence Lawyer David Thomas explains how mistakes during childbirth led to life-changing injuries, a pursuit of justice and a 7-figure award of damages.
The young claimant at the centre of this case (referred to as Child A) was born with a hypoxic brain injury, the result of starvation of oxygen to the brain during childbirth. This brain injury led to a diagnosis of severe four limb dyskinetic cerebral palsy with a mild spastic diplegia.
Child A was the second of twins, the first having been born without any disability. Issues arose in the 34 minutes between first and second birth, in which the healthcare professionals performing the delivery failed to act upon an abnormal heart rate registering on CTG recordings.
We're rated‘Excellent’Instead of reacting to the CTG and performing an emergency caesarean, the obstetric team pressed on with a vaginal delivery and Child A was born 34 minutes after his sister.
The severity of the brain injury meant that Child A would be economically and physically dependent upon others for the rest of his life.
Child A's mother contacted our Medical Negligence Lawyers with the intention of making a claim on her child's behalf. Lawyer David Thomas accepted the case, secured Legal Aid, and made contact with the Hospital Trust responsible.
In a Letter of Claim to the Hospital Trust, it was alleged that a breach of duty had taken place due to:
The failures by those responsible for Child A's well-being before, during and after childbirth, caused the resulting cerebral palsy and associated physical and mental disabilities.
The Hospital Trust denied liability, maintaining that the CTG trace did not necessitate the intervention of a caesarean delivery. Independent medical experts were instructed by both parties, resulting in a major difference of opinion over interpretation.
With Court proceedings having begun, a Joint Settlement Meeting was arranged with a view to avoiding a fully contested Court hearing. At the meeting, the Hospital Trust finally recognised the weight of compelling evidence David Thomas had gathered in Child A's favour, and made a series of offers to settle the case. The opening offer was £500,000, eventually rising to £2.5million.
The Hospital Trust's representatives were told in no uncertain terms that the offers of compensation were too low and both parties walked away. However, it became clear that the Trust was keen to avoid a long Court hearing and the case was settled for £3.65 million plus legal costs.
As Child A was classed as a Protected Party, lacking the mental capacity to make informed decisions for himself, it was necessary for the compensation settlement to be approved by the Court. This was to ensure the award was in the child’s best interests.
"Child A's mother contacted our Medical Negligence Lawyers in desperation, following another national law firm's rejection of the case due to a lack of supporting expert evidence. We were happy to take on the challenge and after instructing our own tried and trusted team of medical experts, we were able to construct a compelling case. Because of this, the Hospital Trust and their legal team eventually saw the sense of reaching a negotiated settlement. The family was delighted with the outcome and that money will now be used to ensure that Child A gets the support and care he needs for the rest of his life."
David Thomas
Medical Negligence Lawyer
If you believe your child's birth injuries are a result of clinical error or a medical mistake, you may be entitled to compensation. To discuss your case in confidence, call our freephone or contact us using the form below.
Cauda Equina Syndrome is a serious neurological condition which occurs when the nerves of the cauda equine at the base of the spinal cord become compressed, often as a result of a prolapsed disc.
Cauda Equina Syndrome can occur when the nerves at the base of the spine are compressed. It can have a devastating impact on a person’s life, potentially causing life-changing injury, paralysis and incontinence if it’s not treated straight away.
Independent medical evidence is a crucial part of Cauda Equina claims for compensation, as it must be proven that a clinical error happened and that this caused your subsequent health problems.
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