Clinical Negligence Case News - £5M + expected

A birth injury claim where the Claimant has suffered catastrophic injury as a consequence of alleged negligence during pregnancy.

HR has spastic cerebral palsy involving all four limbs, developmental delay and microcephaly.  He was born at 37 weeks gestation and his birth was preceded by a history of reduced fetal movements for four days.  The case is in the pre-litigation stage but we have so far obtained supportive expert evidence in support of liability.  If liability is established the claim will have a substantial value given the nature of HR’s injuries. The facts giving rise to this claim are that on 6th October 2004, the mum presented at hospital for a scan because the Community Midwife was concerned that Harry was breech.  An ultrasound scan was performed and Mrs Rogers was advised that Harry’s head was down and he was fully engaged.  She expressed concern that she had not felt much movement and queried whether she needed to be put on the CTG monitor or reviewed further.  LR was assured that all was well and that the lack of movement was nothing to be concerned about. On 10th October she returned to the hospital as she was concerned due to lack of movement and was placed on a CTG monitor.  Her waters were broken but labour did not progress and after her baby demonstrated a number of signs of distress he was eventually delivered by way of Caesarean section.  Following birth Harry was placed on a life support machine and in the High Dependency Unit.  At around one year old he was diagnosed as suffering from cerebral palsy following an MRI scan.  The CP has been associated with hypoxia at birth.  Expert evidence is critical of the treatment which mother received on 6th October 2004, and that had mum been given appropriate advice it is likely she would have returned to hospital much sooner and her son would have been born around two days earlier and without neurological injury.

Matter Value: Substantial value claim – £5m + (Pending)

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