Patricia and Neil instructed Paul McNeil in connection with the birth of their son, Gareth, on 26 April 1999.
Patricia became pregnant with Gareth in July 1998 and attended a routine anomaly ultra sound scan in November 1998. The scan was reported as normal and the pregnancy continued until Gareth’s birth on 26 April 1999.
Immediately after birth the paediatricians noted that Gareth had spina bifida, which had not been diagnosed ante-natally.
Gareth was immediately transferred to the Frenchay Hospital where surgery for the closure of the myelomeningocele was carried out on 27 April 1999. Gareth has continued to have significant problems including paraplegia, incontinence of urine and faeces and hydrocephalus.
We alleged the midwives and the ultra sonographers had been negligent in failing to identify Gareth’s spina bifida prior to his birth, particularly at the ultrasound scan in November 1998.
Proceedings were issued in April 2002. Shortly after this, the defendants admitted negligence and the matter proceeded on the basis of quantum of damages only.
After protracted negotiations, the matter was settled in December 2003 in the sum of £750,000.
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