Brett was born at the Hillingdon Hospital on 7 December 1984. During his delivery the midwifery staff in failing to recognise signs of fetal distress on the CTG (fetal heart monitor) some three and a half hours before birth.
As a result, Brett's brain was starved of oxygen and he suffered catastrophic brain damage. He now suffers from profound intellectual impairment, although his motor skills are not affected. Although he now attends a special needs education school, he is by far the most physically able of the children at the school.
We were instructed to pursue a birth injury claim for Brett by his parents in 1998 as his parents were unhappy with their previous solicitors.
We alleged that there was negligence by the midwifery staff in failing to recognise signs of fetal distress on the CTG some three and a half hours before birth.
Our evidence indicated that if a consultant obstetrician had been called and Brett was delivered one hour 45 minutes earlier, he would not have suffered any brain damage.
After years of denial to the previous solicitors, the Health Authority in its defence accepted negligence, but not causation.
The case was fixed for trial for 16 July 2001 and settled a few days before in the sum of £1.6 million. The defendant also agreed to pay all of Brett's legal costs.
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