7 year old awarded £2.2m after negligent delivery led to cerebral palsy

Jonathan’s* mother was induced on 19 April at the defendant hospital, following which her labour progressed slowly. Intermittent heart monitoring was undertaken for the next couple of days. On the morning of 22 April Jonathan’s heart rate became abnormal, but the hospital failed to speed up his delivery despite this.

He was eventually delivered at around 10 pm on 22 April. When he was delivered the umbilical cord was wrapped around his neck 3 times.

As a result of lack of oxygen during his delivery, Jonathan suffered severe and permanent brain damage. He was diagnosed with dyskinetic cerebral palsy, affecting all 4 of his limbs. He also suffered severe learning difficulties and epilepsy. He required life-long care, and his life expectancy was assessed at under age 26.

Jonathan’s family brought a claim on his behalf, alleging that the hospital had negligently failed to speed up his delivery, after his heart rate was first found to be abnormal on the morning of 22 April.  As a result, Jonathan suffered a lack of oxygen during his delivery, which caused his resulting cerebral palsy.

The hospital admitted liability, and a settlement was negotiated, with a lump sum of £2.2m being made, and then annual payments for life, to pay for the care/case management assistance that Jonathan will require.

Vanessa Wand, an experienced birth injury claims lawyer at Boyes Turner, commented on the judgment:

“We at Boyes Turner have a significant amount of experience in dealing with very similar cases to this one – where there were failing during a baby’s delivery, resulting in cerebral palsy, and significant disabilities.  We do everything we can to progress cases, so that the injured child’s needs can be met as quickly as possible. Get in touch with us now on 0800 307 7620 or email cerebralpalsy@boyesturner.com to discuss making a claim”.

* All names changed to protect client privacy.