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Paul McNeil acted for Portia Gumbs in a birth injury claim against the Frimley Park Hospital following her birth on 30 March 1992.

Portia suffered from dyskinetic cerebral palsy complicated by a rare congenital abnormality described as Klinefelter's syndrome.

Klinefelter's syndrome involves a normal male chromosome configuration of XY, but with an additional X chromosome. Unusually for this condition, Portia is being brought up a female and her male organs have been removed.

The main allegations concerned the conduct of the obstetric team during labour. Portia was in breech position and there was an abnormal fetal heart reading.

We argued that her birth should have been expedited and she should have been delivered by Caesarean section, particularly in view of the difficulties associated with breech delivery.

The defendants denied liability principally on the grounds that their experts viewed the heart trace as “suspicious”, but no more. They contended that was no requirement to expedite delivery.

Proceedings were issued in June 2001 with a trial fixed for February 2003.

Liability was never admitted but Paul McNeil negotiated a settlement of £2,000,000, which was approved by the court in December 2002.


Contact us

For further information or if you have a cerebral palsy claim please call Paul McNeil on 020 7861 4019 or email or:

  1. You can speak to our medical negligence solicitors on freephone 0800 358 3848
  2. e-Mail us at
  3. Complete our short enquiry form

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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