This claim concerned events which are amongst the most tragic which could be imagined. Nikita was born on 15 November 2005 with profound and catastrophic brain damage. Kelly, her mother, at the time of birth, was unconscious and died the following day from the effects of a brain bleed.
Kelly’s mother and aunt had died during pregnancy as a result of a genetic pre-disposition to brain bleeds during pregnancy. The Hospital’s midwives and obstetricians ought to have investigated the family history and treated Kelly during the pregnancy.
The knowledge of Kelly’s personal and family history should, with competent care, have resulted in the pregnancy being classed as “high risk” and being supervised by a consultant obstetrician.
In addition Kelly should have recieved prophylactic doses of low molecular weight heparin. With such treatment Kelly would, on the balance of probabilities, have survived.
In fact the referral for consultant led care made by a midwife was not acted upon. Throughout the pregnancy Kelly did not see a consultant obstetrician as she should have done.
Unfortunately when Kelly began to suffer the effects of her genetic condition these were never acted upon and sadly Kelly died on 16 November 2005 and was unconscious at the time of Nikita’s birth.
Nikita herself was born with devastating injuries but it was difficult to establish that earlier treatment to Kelly would have made a difference to her condition.
Proceedings were issued and the defence accepted that Kelly should have been referred to a consultant obstetrician and consultant neurologist and that she should have been carefully monitored throughout the pregnancy. The Trust admitted that once Kelly was admitted to St Mary’s Hospital she should have been treated with low molecular weight heparin which would have saved her life.
No such admission was made in relation to Nikita and the Defendants argued, with the support of expert evidence, that her injuries were coincidental and unrelated to her mother’s collapse.
A global offer to settle the claim was made in the sum of £1,000,000 which included an award for sums for the loss of dependency of Nikita on her mother in her injured state and damages for her father’s psychiatric injury and loss of earnings.
The settlement enabled this very tight knit family to purchase adapted accommodation for Nikita so that she and her father can move from their unsuitable present accommodation into an adapted house. The remainder of the damages will be used to ensure that Nikita is cared for in so far as the family are unable to do so.
- You can speak to any member of our Medical Negligence team on freephone 0800 358 3848
- e-Mail us at firstname.lastname@example.org or,
- Complete our short enquiry form.
Contact us on freephone 0800 358 3848
Or start your claim online.
Fieldfisher is: ‘a firm full of the highest quality lawyers in the field' and has an 'outstanding depth of expertise’ - Legal 500 2015, Awarded Top Tier
"The group is praised for its commitment to 'demystifying the legal process' while this is a firm for which the client has always been a priority"
Fieldfisher's Personal Injury and Medical Negligence solicitors are proudly listed as 'Super Lawyers' in both on-line and off-line printed publishings.
Fieldfisher has successfully been recognised as an "Occupation and Asbestos Disease Specialists" Fieldfisher are now recognised as assessors
Fieldfisher are signatories of the Ethical Marketing Charter demonstrating our commitment to responsible, transparent and professional marketing.
Fieldfisher has been named as the winners of the Legal 500 United Kingdom 2015: *Claimant Clinical Negligence Award*. Testament to our expertise.
Christina Gardiner highlights worrying similarities in baby death investigations
The number of baby deaths at the Countess of Chester Hospital draws worrying parallels with one of our own cases regarding substandard medical care provided at Watford General Hospital.
To prevent mistakes, the government must not ignore the stats on birth injuries
The alarming figures revealed by the BBC this week detailing the number of mistakes routinely occurring in maternity wards around the country must be taken very seriously by the Government.
Fixed costs: The end of patient justice
A letter from the Action against Medical Accidents (AvMA), the charity for patient safety and justice, published in the Telegraph this week, asked the Health Secretary to reconsider proposals concerning fixed costs in clinical negligence claims.
BBC reveals shocking number of mistakes in NHS maternity units
A worrying investigation by the BBC has revealed that NHS maternity units in England recorded an average of more than 1,400 mistakes a week between 2013 and 2016.
The Sun reports on Keith Barrett's case of Richard Giles, who died after being electrocuted when his lorry hit 11,000 volt cables
Arti Shah comments in the Evening Standard about her client's case in which their husband died of a heart attack after being told to take Gaviscon