Liability admitted in cerebral palsy case after long fight
"We both feel that in instructing Fieldfisher, we are in good hands. We couldn't have found anyone better".
Gillian & Michael James' parents
James' story
James’ mother was pregnant with twins when she went into pre-term labour at 30 weeks. An examination showed that the twins were not in distress. She initially attended Hexham General Hospital where attempts were made to stop the premature labour. She was transferred to the Royal Victoria Hospital for continued care. Throughout the labour the fetal heart rates were normal and the obstetricians were happy that the twins were in excellent health.
When James’ mother became fully dilated, it was decided that the twins should be delivered naturally. To facilitate the birth, an attempt was made to manually rotate James’ head, and when this failed, Kielland’s forceps were used to assist in the delivery.
We argued that the obstetrician attending didn’t have the experience to deliver twins with Kielland’s forceps, especially at 30 weeks gestation, and that he used too much force to deliver James.
As a result of the traumatic delivery, James suffered a serious crushing fracture of the skull and he also began haemorrhaging. The bleeding caused significant brain damage, resulting in developmental delay and hemiplegia.
Paul McNeil was instructed to take a claim against the Royal Victoria Hospital. James had been represented by solicitors in Newcastle for many years but little had been done to progress his claim.
We obtained medical advice and asserted that the force used during the forceps was excessive causing the fracture, and that the manual rotation of the head should not have been attempted. We claimed that if he had been delivered by caesarean section, James wouldn’t have suffered any injuries.
James suffered sequelae including poor head growth. He has hemiplegia on his left side. At this stage, it is impossible to assess the full extent of his disabilities and the prognosis. This case settled on liability only in November 2009. James’ parents were paid money on account to support his care and education.
James' parents said:
"Paul couldn't have been more helpful in dealing with what is such an emotional issue that impacts on our family's life.
"We both feel that in instructing Fieldfisher, we are in good hands. We couldn't have found anyone better".
Contact us
For further information about cerebral palsy claims and twin birth injury claims, please call Paul McNeil on 03304606804 or email paul.mcneil@fieldfisher.com.
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