£4.89 million in compensation for baby's cerebral palsy caused by hospital staff negligence
T was delivered at the Royal Hampshire County Hospital in Winchester in July 2000. He has four-limbed dystonic cerebral palsy and intellectual impairment.
Adrian Desmond of Boyes Turner solicitors was instructed to investigate whether this resulted from mistakes made by Doctors and/or Midwifes at the time of his birth.
This was T's mother's second pregnancy and T was delivered one week overdue. The pregnancy itself was uncomplicated.
The case was fully investigated with the benefit of Obstetric and Midwifery advice dealing with allegations of negligence and with advice from a Neonatologist, a Paediatric Neurologist and a Neuroradiologist to deal with the issue of causation (i.e. whether any negligence caused T's cerebral palsy).
The main allegation of negligence surrounded the failure of the hospital staff to deliver T by emergency caesarean section in the light of a persistent and suspicious pattern of early, variable and late decelerations appearing on the cardiotocographic (CTG) tracing in the period of about one hour and thirty minutes prior to his delivery.
The allegations were that the CTG trace became increasingly suspicious and progressively pathological. A fetal blood sample was taken by the medical staff but it was alleged that that represented an inappropriate response to clear evidence of fetal distress including meconium staining of the liquor. The labour itself had also progressed only slowly and it was alleged that the decision should have been taken about one hour twenty minutes prior to T's delivery to deliver him by caesarean section. Had that happened, he would have been delivered thirty minutes later at the latest and would have avoided the final deprivation of oxygen which it was suggested caused his cerebral palsy.
Causation evidence suggested that that earlier delivery would probably have prevented any injury to him at all.
After the case was fully investigated and a Letter of Claim was sent to the solicitors acting for the Hospital, the Hospital admitted liability for causing T's cerebral palsy enabling Judgment to be entered against them in the High Court.
However at that time T was only aged 3 and was too young to enable the claim to be reliably valued. By Order of the Court therefore the case was adjourned to enable T's prognosis and special needs to become clearer.
During the period of the adjournment substantial interim payments were obtained from the Defendant amounting to over £1.3million to enable the family to purchase and adapt a property that was suitable to cater for T's special needs. Also T's Statement of Educational Needs had to be challenged at Tribunal to enable him to attend the school of his parents' choice. Interim payments were also obtained to enable the family to gain access to case management, care and therapeutic services that would not have been available from the State or Social Services.
When T was old enough for his future needs to be assessed and for a life expectancy to be predicted (T has a reduced life expectancy) the case was restored to the High Court. In the month before the case was scheduled to come to trial and following mediation with the Defendants, the case was settled for a substantial lump sum and lifetime periodical payments equivalent to a lump sum of £4.89 million reflecting T's reduced life expectancy.
The case came before the High Court on 20 October 2008 and the Court approved this settlement.
Adrian Desmond handled the case on behalf of T and his family. The barrister instructed was James Watson QC of London.
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