In November 2009 the Claimant's mother (who was from St Lucia) became pregnant. She was aged 21 and was referred to the Mayday University Hospital in Croydon. Her due date was 30 August 2010.
On 7 September 2010 she was admitted to hospital with a rupture of her membranes and stomach cramps. She remained in labour for a further 48 hours. Progress was very slow.
On the afternoon of 9 September 2010 a decision was made to deliver the baby by caesarean section due to poor progress, increasing maternal blood pressure and continued abnormalities on the CTG.
There was a long delay between the decision made at around 17.00 and the Claimant's mother being taken to theatre. Just as she was about to go to theatre there was a further delay because another patient was in the operating room.
By the time she was taken to theatre at 20.30 the epidural she had been given had worn off. She required a spinal anaesthetic which further delayed matters.
JNW was born at 21.02 in very poor condition. He was blue, floppy and not breathing. He required intensive resuscitation and was taken to the Neonatal Unit for further care. Sadly he suffered a number of seizures, multi-organ failure and eventually was diagnosed with cerebral palsy.
The Claimant's parents consulted Paul McNeil, a Partner in Clinical Negligence at Fieldfisher, to investigate the claim on JNW's behalf.
We obtained expert evidence from a midwife and obstetrician who confirmed that there was a delay in getting the Claimant's mother to theatre and moreover a further delay to expedite delivery once it became very evident that the abnormalities on the CTG were pathological in theatre.
JNW suffered an acute period of hypoxia just before he was delivered and we obtained evidence to confirm that delivery even a few minutes earlier would have resulted in a much better outcome for JNW.
Proceedings were issued against the Mayday University Hospital in May 2014. The Defence denied liability in its entirety. However, the Defence accepted that had JNW been born 6 minutes earlier he would have been born unharmed.
In the meantime, JNW was growing and was very mobile. He had a lot of dystonic movements. He could move very well at home although he had very significant difficulties when outside. He also had behavioural problems. He was very strong-willed, determined and motivated.
On 22 July 2016 the case came to Court when the Judge, His Honour Judge Gore, approved a settlement including a substantial lump sum of £3.5million and periodical payments to cover the cost of caring for JNW for his whole lifetime. Although liability was never formally admitted by the Defendant, the settlement provides sufficient funds for JNW so that he can maximise his potential.
Indeed, shortly after the settlement the Claimant's family moved into much more suitable accommodation using funds from the case.
Following the settlement JNW's mother said:
"Mr McNeil and his team could not have gotten a better outcome for our family. Through the entire journey we were kept involved and well informed at every step. They didn’t just fight for our son who was the victim, they fought for our family.
"Now we can worry less knowing that our son's future is set. We cannot thank Mr McNeil and his team enough and wish them every success in helping other families."
Paul McNeil has more than 25 years experience acting for those injured through medical negligence or personal injury accidents. Many of Paul’s cases involve serious head injuries or birth injuries and have settled for over £1 million. This ensures that Paul’s clients receive adequate compensation to pay for education, rehabilitation, care and treatment. Read the case study of Potters Bar cash victim Tanya Liu here
Paul's claims cover many areas, including:
- Medical Negligence claims
- Personal Injury claims
- Work Accident claims
- Road Traffic Accidents claims
- International personal injury claims
For further information please contact Paul McNeil
- T: 020 7861 4019
- E: email@example.com
Contact us on freephone 0800 358 3848
Or start your claim online.
"The group is praised for its commitment to 'demystifying the legal process' while this is a firm for which the client has always been a priority"
Fieldfisher has successfully been recognised as an "Occupation and Asbestos Disease Specialists" Fieldfisher are now recognised as assessors
Charities we support
£30m birth injury settlement for delays at Newham General resulting in cerebral palsy
Following approval at the Royal Courts of Justice in November 2018, Jane Weakley has settled a long-running birth injury case for more than £30m against Barts Health NHS Trust, concerning Newham General Hospital.
Six figure settlement following successful mediation
Arti Shah successfully settled a six-figure claim for a young woman who suffered a perforated bowel and a series of ongoing associated back problems due to spinal surgery.
Six figure sum recovered for young lady after delay in diagnosis of cancer at Lewisham Hospital
Mark Bowman was instructed to pursue a claim against Lewisham Hospital after concerns about delayed diagnosis of an olfactory neuroblastoma, a rare form of cancer that develops in the nose.
The complexities behind a wrongful birth claim
Jane Weakley discusses the emotional and ethical challenges of wrongful birth claims.
£12 million settlement for woman who suffered serious brain injury after falling from a bed at John Radcliffe Hospital
Jonathan Zimmern has successfully concluded a case on behalf of Miss Julia Stanbury, who suffered a serious brain injury after she was left unattended and fell from her hospital bed at the John Radcliffe Hospital following a craniotomy.
Bridget Collier leads Fieldfisher sponsored walk for Greater Manchester Asbestos Victim Support Group Charity
Fieldfisher represents parents of Yousef Al-Kharboush who died in ITH Pharma contaminated baby feed case