£28.5m for boy brain-injured at birth at St Mary's Hospital Manchester following placental abruption
Jenny Urwin settled a medical negligence claim for £28.5m for a boy who suffered brain injury due to negligent treatment at his birth at St Mary's Hospital, part of Manchester University NHS Foundation Trust. He has severe cerebral palsy with significant physical, cognitive and behavioural difficulties.
During her pregnancy, the boy's mother developed pre-eclampsia which progressed. She had high blood pressure, headaches and swollen ankles. She was admitted to hospital where her blood pressure continued to rise and she complained of flashing lights.
CTG monitoring of the baby's heart rate was commenced but abnormalities were mis-interpreted. Complaints of severe abdominal pain were dismissed as nothing significant and no action was taken to properly monitor or respond to the worsening signs of pre-eclampsia.
The baby should have been delivered when a significant drop in the fetal heart rate was recorded, but was delayed by around 45 minutes. His mother suffered a placental abruption, a known risk of pre-eclampsia, and her son suffered brain injury due to an acute profound period of hypoxia lasting 20-25 minutes.
Evidence confirmed that had her pre-eclampsia been monitored and appropriately treated with anti-hypertensives, the placental abruption would not have happened when it did and also that delivery should have taken place sooner, avoiding his injury entirely. The boy now requires lifelong care.
After proceedings were commenced, the Trust ultimately accepted its negligent treatment caused the whole of the child's injury, despite initially suggesting an underlying cause for his behavioural presentation. Judgment was entered and significant interim payments obtained to fund care and case management, physiotherapy, speech and language therapy, assistive technology as well as alternative accommodation and aids and equipment pending final assessment.
Quantum investigations proceeded. Life expectation, accommodation and care needs were disputed by the defendants, among other areas of the claim, but we were clear that around the clock 2:1 care was required for life. Following hard fought negotiations, overall final settlement was reached shortly before trial, equating to a lump sum equivalent of £28.5m.
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For further information about cerebral palsy claims and birth injury claims, please call Jenny Urwin on 03304606776 or email jenny.urwin@fieldfisher.com.
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