Admission of liability, apology and £150,000 interim payment for child after delayed birth causes cerebral palsy

Boyes Turner’s cerebral palsy solicitors have secured an admission of liability, formal apology and £150,000 interim payment for a child who was left with cerebral palsy, ASD, physical, behavioural and cognitive disability, after negligent maternity care caused a hypoxic birth injury.

Warning signs of fetal distress in labour

Our client suffered an HIE brain injury when hospital maternity staff failed to expedite his delivery, despite warning signs of fetal distress during his mother’s labour, including the presence of thick meconium throughout labour and increasingly dangerous abnormalities in the fetal heart rate which were visible on the CTG monitor. The risk of brain injury to the unborn baby was increased by excessive use of the uterine stimulant, Syntocinon, during the labour, and delays in resuscitating the almost lifeless baby immediately after birth. 

Scans confirm acute near total HIE brain injury at birth

Blood tests results soon after birth showed that the newborn baby was acidotic (from lack of oxygen). He was transferred to the special care baby unit (SCBU) for ventilation and was then transferred to another hospital for cooling to reduce the effects of the injury to his brain. Ultrasound and MRI scans of his brain later confirmed that he had suffered an acute, near total, hypoxic ischaemic (HIE) brain injury around the time of birth.

Admission of liability, apology and interim payment

Following investigations, we served a letter of claim on the NHS trust that was responsible for our client’s maternity care. The NHS’s defence organisation, NHS Resolution, responded admitting that the negligent delay in delivering our client had caused him to suffer a brain injury. They issued a formal, written apology to the child’s parents. We issued court proceedings so that we could obtain a liability judgment for our client.

As the child is still too young for the full impact of his future disability to be predicted, the case will now be stayed (adjourned) until his development reaches a stage where his future condition and lifelong needs can be more accurately assessed.  In the meantime, the child’s immediate needs for care, therapies, equipment, home adaptations and educational support will be met and funded by interim payments.

Testimonial

Our client’s parent kindly said: “I thoroughly recommend Boyes Turner. I cannot thank them enough for the effort they have put in for my son and our family. From the outset Richard and his team have been straightforward, knowledgeable, patient and considerate and throughout the whole process have had my son's best interests at heart.”

If your child has cerebral palsy or neurological disability as a result of medical negligence or you have been contacted by HSSIB/MNSI or NHS Resolution, you can talk to a solicitor, free and confidentially, for advice about how to respond or make a claim by contacting us.