H was born at the Colchester General Hospital in March 2011. The twin pregnancy was managed by a Consultant Obstetrician at the Colchester Hospital and H's mother was admitted to hospital for induction of labour on 24 March at 38 weeks gestation. The induction initially went well.
The precise circumstances of the delivery of H were not clear, the ventouse took much longer than anticipated and subsequently forceps were necessary to deliver H.
Immediately after birth H's father noticed that he had severe bruising on his head which was largely ignored because the obstetric team were attempting to deliver H's twin sister in theatre.
H was eventually taken to the Special Care Baby Unit because the swelling on his head was rapidly increasing.
A CT scan was performed which showed:-
- Depressed left frontal bone and parietal occipital skull fracture
- Comminuted left parietal parenchymal haemorrhage
- Traumatic sub arachnoid haemorrhage
- Left intra ventricular haemorrhage
- Fracture of the left zygoma
- Extensive subgaleal haematoma
- Left parietal extradural haematoma
- Haemorrhagic contusion involving the left lateral half of the left temporal and parietal lobes
H was rushed to Addenbrooke's Hospital for specialist neurological neonatal care.
Sadly, at the age of 19 months H suffered a viral illness which caused a stroke resulting in neurological injury to his left side. The medical experts instructed by the Claimant did not consider that the stroke was directly related to the very severe injury H suffered at birth. It was intensely bad luck that H suffered a separate serious illness with equally serious consequences.
Even though the original of the stroke was not related, the effects of a second brain injury in a vulnerable already brain injured child were much more devastating.
Fieldfisher issued proceedings on behalf of H and his parents in August 2014. Breach of duty and causation in respect of the injuries sustained at birth were soon admitted (and judgement entered) by the Colchester Hospital.
There was a serious dispute between the parties in relation to causation of injury and in particular how H would have developed but for the intervention of the stroke at 19 months.
The trial was listed for November 2016.
Eventually the case was settled after a bi party meeting for a capitalised sum of about £8.5million.
H's injuries are very serious and he is unable to stand or walk independently. He also has right sided hemiplegia, microcephaly and general developmental delay. H will need support for the rest of his long life and the sum awarded will enable the family to provide support in care, accommodation, education and aids and appliances.
Following the case H's parents said:
"We are extremely pleased with the service provided to us by Paul McNeil and the Fieldfisher team. From the outset Paul was both professional and sensitive to our needs. We were informed, guided and involved throughout. Our son’s case was not straightforward and the result Paul achieved for us was excellent, it is already making a hugely positive difference to our family. We thoroughly recommend Paul and Fieldfisher."
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 cases
- Personal injury cases
- Work accident cases
- Road traffic accidents cases
- International personal injury cases
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