Mismanagement of pregnancy leads to severe brain damage during birth at Luton & Dunstable Hospital | Fieldfisher
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Case Study

Mismanagement of pregnancy leads to severe brain damage during birth at Luton & Dunstable Hospital

Paul McNeil
Jake’s mother suffered from a haematological disease called Primary Anti-Phospholipid Syndrome (PAPS). The syndrome is associated with obstetric complications such as miscarriage, fetal death, clot formation in the placenta resulting in placental failure, pre-eclampsia and Intra-Uterine Growth Restriction (IUGR).

The central allegations against the Trust were the failures to treat her pregnancy as a “high risk” pregnancy and to advise, establish and enforce a suitable management plan for the pregnancy including ultrasounds and close obstetric surveillance.

Jake was born on 14 August 1996 at 34 weeks gestation by emergency Caesarean section because of fetal distress.

If the obstetricians had followed the management plan for a high risk pregnancy, IUGR would have been diagnosed before 30 weeks gestation. Close surveillance of the pregnancy would have found an abnormal Doppler study and would have resulted in delivery to Jake before he suffered any damage to his brain.

Paul McNeil was instructed to bring a claim against Luton & Dunstable Hospital.

Shortly before the trial which was fixed for the 24 November 2008, the Defendant made a substantial offer to settle the case on a lump sum and annual payments basis. The lump sum will cover the cost of an adapted house and all the aids and appliances Jake requires. The yearly payments, which are updated for inflation, are sufficient to cover the cost of his ongoing care.

At the end of the case, Jake’s mother said:

"Just to say how much we appreciate all your hard work that led to the compensation settlement that will make such a difference to Jake’s life.

"Your attention to detail and great knowledge and skill in this particular type of case reassured us that the outcome would go our way."

Contact us

For further information about birth injury claims and medical negligence claims, please call Paul McNeil on 03304606804 or email paul.mcneil@fieldfisher.com.

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All enquiries are completely free of charge and we will investigate all funding options for you including no win, no fee.

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