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Case Study

Wrongful birth case: Interim payment and liability agreed for child with spina bifida

Jenny Urwin secured settlement of liability in a wrongful birth case plus a large interim payment for a child whose physical and cognitive disability will require life-long care. Quantification of the full claim continues.

Wrongful birth cases are particularly distressing for families who must tell the court that their child would not have been born without negligent treatment. This type of claim, brought by the parents, often involves psychiatric injury plus the additional cost of providing for a disabled child, over and above that which a parent would provide for a child without disability.

In this case, Jenny obtained evidence that the 20 week anomaly scan performed at Liverpool Women’s NHS Foundation Trust during the mother’s pregnancy was incorrectly reported. It should have been reported showing a large lesion on the spine, which would have led to the mother being offered an amniocentesis. The mother would have undergone this procedure which would have confirmed a diagnosis of both spina bifida and a congenital chromosome disorder. She would have been offered a termination. As it was, their child was born and subsequently diagnosed with both conditions.

The defendants admitted that the scan had been reported negligently but continued to argue that the parents would not have terminated the pregnancy even had the diagnosis been made ante-natally. Only after negotiations at a meeting shortly before trial was an agreement reached and the claim will now continue to value the compensation due. It will likely be a multi-million pound settlement.

Jenny specialises in wrongful birth cases and is currently representing several families of children born with severe disability in such cases. She recently secured £7m settlement following the birth of a child with severe congenital brain abnormalities and £6.4m for the family of a child with Down’s Syndrome.

Contact us

For further information about wrongful birth claims, please call Jenny Urwin on 0161 268 8595 or email jenny.urwin@fieldfisher.com.

Alternatively

All enquiries are completely free of charge and we will investigate all funding options for you including no win no fee. Find out more about no win no fee claims.

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