The claimant, a girl now aged three years, was born at the hospital in early 2019. The mother's first child was delivered by emergency caesarean section two years previously. It was agreed that the mother would attempt vaginal delivery in her second pregnancy (VBAC).
The mother was administered a dose of gel to induce labour following which she experienced period like pains and was monitored with CTG. After the second gel was administered, she began to experience severe pain and was screaming in distress. The pain was so severe that further CTG monitoring became impossible.
Following transfer to the labour ward, the mother was found to have a uterine rupture and injury to her bladder, which had resulted in significant blood loss. The baby was delivered in poor condition by emergency caesarean.
The baby was transferred to University Hospital Coventry & Warwickshire to receive brain cooling. An MRI confirmed severe brain injury from acute profound hypoxia.
The Defendant accepted that the mother was not properly advised about the risks of undergoing VBAC with an induction of labour and that, had she had a caesarean, the uterine rupture and brain injury would have been avoided.
However, it was the Defendant's case that even with proper advice, the mother would have still opted for a VBAC even though it accepted its own information leaflet on the subject was inadequate. The mother stated that, had she been aware of the risks, she would have opted for an elective caesarean.
At a meeting, the parties agreed a settlement of 87.5% of damages to be assessed.
The claimant now suffers from microcephaly, global developmental delay, epilepsy and cerebral palsy with dystonic episodes.
An interim payment on account of damages is being used to meet the claimant's immediate and pressing needs while her lifelong needs are being assessed.
Following the admission of liability, the mother said:
'I am so pleased and relieved to have security and some justice for my daughter and want to thank Jane Weakley and the team of people involved at Fieldfisher for the best support, They have done an excellent job and I really appreciate everything'.
Jane Weakley adds:
'This is a significant milestone for this lovely little girl and her family and I look forward to working with them as we provide additional support and assess her life-long needs'.
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