We negotiated a multi-million pound settlement for Denoshiyan, who sustained brain injuries during his birth at Whipps Cross Hospital in 2003.
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."
- You can speak to our clinical negligence solicitors on freephone 0800 358 3848
- e-Mail us at firstname.lastname@example.org
- Complete our short enquiry form
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
Furness General Hospital baby deaths highlight need to overhaul the culture of dishonesty
A recent Professional Standards Authority report has just been published regarding avoidable deaths at Furness General Hospital.
Samantha Critchley recovers £19million for nine-year-old girl left with 'catastrophic' brain damage
Samantha Critchley comments in the Daily Mail regarding her case of a nine-year-old girl that suffered catastrophic brain damage after being born at Kings College Hospital.
Government promise to improve midwife/mother relationship can't come soon enough
The Health and Social Care Secretary has announced an important maternity initiative that will hopefully reduce the number of baby death cases in the future.
Fieldfisher boosts its leading medical negligence team with partner Jenny Urwin joining in March
Leading medical negligence lawyers Fieldfisher has hired Jenny Urwin, Slater and Gordon Lawyers' Manchester head of clinical negligence.