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Baby Birth Injury – Severe Brain Damage/Cerebral Palsy

4 October 2018

Blog, Clinical Negligence

Williamsons Solicitors have expertise in dealing with cases relating to Severe Brain Damage/Cerebral Palsy at birth. Abigail Abey, Paralegal within our Clinical Negligence Department, has been working alongside Mr Wayne Walker, Solicitor, who has previously investigated and settled similar claims of this nature.

A recent press article:https://www.theguardian.com/society/2018/oct/01/nhs-pays-out-record-20m-compensation-to-brain-injury-teenager. The Cardiff and Vale University Health Board in Wales paid out £19.8m in damages for failing to care for this 18 year old woman. This woman, who wants to be left anonymous, was deprived of oxygen and was born with malformed oesophagus.

The mother advised that, “I had my daughter snatched away from me. From that moment she changed forever. She is mobile but doesn’t really know what is going on. I went from having a healthy baby to a seriously disabled child through no fault of our own.”

Williamsons Solicitors supported a 22 year old woman in which a midwifery error in interpreting CTGs resulted in avoidable delay in delivery of her child. Her child suffered severe brain damage/cerebral palsy.

The 22 year old woman was admitted to Hospital in labour.  On admission her CTG was performed which was interpreted as reactive which caused significant delays in her labour.  Further CTGs were performed, which again, were reported as reactive.  Eventually, an episiotomy (a cut to aid delivery) was performed enabling baby to be born. The umbilical cord was wrapped tightly around baby’s neck. Baby was pale, floppy and unresponsive. All suction to remove meconium was carried out, and oxygen given by a mask.  Intubation was attempted but failed. Baby was born in poor condition. He was ultimately diagnosed with severe athatoid cerebral palsy, with retention of intellect. He was left with very little speech, unable to stand, walk or sit, and had to communicate with a computer communication aid and a head switch. He required constant care and supervision.

Baby’s birth injuries were caused as a consequence of the negligent midwifery care provided, including, in particular, failures to properly interpret CTGs performed and intervene when there were signs of fetal distress.

Obstetric and neonatal expert medical evidence was obtained, which confirmed that, had an appropriate standard of midwifery care been provided, baby would have been born a lot sooner, and intact.

Following receipt of instructions, we were able to obtain Public Funding, and pursued the claim. We were able to secure damages, including an award for substantial periodical payments to ensure proper care and assistance for baby throughout his life.

Prior to instructing us, baby’s mother had devoted her life to providing care and assistance for baby. The damages award enabled both baby and mother to have a significantly improved quality of life. Williamsons Solicitors are here to support the whole family and to obtain the justice the clients deserve.

If you require advice about such injuries, please contact our Clinical Negligence Department who are there to support you through this difficult time. Please feel free to send a message to us or call our free telephone number on 0800 298 6013 and we will gladly assist.


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