Mother suffers chronic pain in labour due to faulty equipment at Northwick Park Hospital
Jamie Green secured settlement for Mrs Perry* in her claim against London North West Healthcare NHS Trust following injuries sustained during the birth of her daughter.
Mrs Perry was placed into leg rests during the second stage of labour. One of the leg rests was faulty, causing her leg to fall and swing outwards during contractions. Despite Mrs Perry and her husband making staff aware of this, she was kept in the faulty leg rest. No alternative equipment was located, and the faulty leg rest was not documented in her medical records. She was also not moved to a different birthing position. Her husband and a midwife had to hold her leg up during contractions.
Mrs Perry's labour failed to progress and the decision was made to trial a forceps delivery. During the first pull, Mrs Perry's leg once again fell from the leg rest. At this time, she experienced severe pain through her leg, quad, groin and hip. She told staff but was simply repositioned on the bed.
As a result of the fall, the forceps blades became stuck and it took around 15 minutes to remove them. Following the failed forceps delivery, Mrs Perry required an emergency Caesarean section. Her daughter was born with significant scarring on her face and neck caused by the stuck forceps blades.
Following the birth, Mrs Perry reported significant pain and difficulty walking. Investigations showed that she had suffered a labral tear during the birth. She required surgery to correct this. She also developed Chronic Widespread Pain and was diagnosed with PTSD and an adjustment disorder.
As a result of these injuries, she has required additional help around the home and with looking after her daughter. The problems have also affected her career and she will now likely have to retire earlier.
Once instructed, Jamie obtained reports from an Obstetrician, a Consultant in Pain Medicine, an Orthopaedic Surgeon and a Psychiatrist. The Obstetrician concluded that there were negligent failings to replace the equipment and the forceps delivery should not have been attempted while Mrs Perry was held in the faulty leg rest. The other experts set out the various injuries she had suffered and concluded that she would not have suffered these injuries had she avoided the negligent treatment.
Jamie wrote a Letter of Claim to London North West Healthcare NHS Trust. The Trust admitted that the faulty leg rests should have been changed or Mrs Perry should have been moved to a different birthing position, but failed to make any concessions regarding causation.
This necessitated issuing and serving Court proceedings, at which time the Defendant accepted that she would have avoided her labral tear but argued that the forceps delivery would have failed in any event. They also later tried to argue that she would have ultimately developed her severe psychiatric injuries and her Chronic Widespread Pain even with appropriate treatment.
The parties agreed to serve their quantum evidence early 'Without Prejudice' and attend mediation. Jamie was able to negotiate a settlement shortly afterwards.
After the claim had settled, Mrs Perry said:
"As a lawyer myself, I wanted someone to fight for me in the same way I would fight for my own clients which is why I contacted Fieldfisher. I was fortunate enough to have been appointed Jamie Green to look after my claim.
I very much felt that Jamie prioritised my wellbeing and made sure that my voice was heard when dealing with the Defendant and our medical experts which, undoubtedly, made a difficult process bearable.
Having endured life changing injuries at the peak of your life is always difficult to digest but I feel ever so privileged to have had Jamie’s unwavering support throughout the last 4 years. Jamie’s sage advice, sensitivity and ability to navigate through the trauma I suffered was paramount in helping me make this big adjustment- for this I am forever indebted to him.
Jamie Green has been one of the key factors in ensuring that my injuries have not defined me and there are not enough words to express my gratitude to him. Thank you so much for all that you have done for me and my family."
*name changed
Contact us
For further information about birth injuries to mother claims and medical negligence claims, please call Jamie Green on 0330 460 6771 or email Jamie.Green@fieldfisher.com.
Alternatively
- You can speak to our medical negligence lawyers on freephone 0800 358 3848
- email us: personalinjury@fieldfisher.com
- Complete the short online enquiry form
All enquiries are completely free of charge and we will investigate all funding options for you including no win no fee. Find out more about no win no fee claims.