He now suffers from cerebral palsy and severe developmental delay and will need care, rehabilitation and special education throughout his life. The settlement comprises of a lump sum of more than £1 million, along with annual payments for Denoshiyan’s care needs, which could be worth in excess of £15 million.
After emigrating from Sri Lanka, Denoshiyan's mother became pregnant in November 2002. Monica had previously suffered 4 miscarriages. Her pregnancy was uncomplicated and on 2 September 2003 she attended Whipps Cross Hospital to be induced.
Monica was admitted to the labour ward before 2pm and by 8pm the baby’s heartbeat began to fluctuate. there was a failure to correctly monitor Denoshiyan’s heart rate throughout the labour.
Denoshiyan was delivered by emergency Caesarean section at 9.53pm. When he was born, Denoshiyan was very pale, there was no spontaneous breathing and he was very floppy. His heart rate was 60 bpm. He was put on a ventilator and given fluids and a chest x-ray was planned. He was then transferred to the special care baby unit.
Denoshiyan developed signs and symptoms of abnormal brain function caused by oxygen deprivation during labour. His immediate symptoms included convulsions, abnormal tone, irritability, poor feeding and poor kidney function. An ultrasound of Denoshiyan’s brain showed developing brain injury.
Sadly, Denoshiyan went on to suffer catastrophic brain damage. He has since been diagnosed with quadriplegic cerebral palsy associated with developmental delay.
We were instructed by Denoshiyan’s parents to investigate a cerebral palsy claim for medical negligence.
Paul McNeil investigated the claim and our medical evidence showed that the hospital had been negligent on a number of occasions during the labour.
There was a failure to correctly monitor Denoshiyan’s heart rate throughout the labour, syntocinonsyntocinon was negligently administered during the labour and Denoshiyan should have been delivered earlier.
This would have ensured that he was not deprived of oxygen and he would not have suffered catastrophic brain damage.
The hospital did not admit liability, however, we were able to negotiate a multi-million pound settlement, which Denoshiyan’s parents (who were acting on his behalf as he is only 7 years old) were pleased with and the court endorsed it in a hearing in London in July 2010.
After the case, Denoshiyan's parents said:
"This settlement has helped us improve our situation and better care for our son and fulfil his basic needs. We are indebted to Paul McNeil for the rest of our lives for the help he has provided us."
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