Compensation secured after perinatal brain injury caused during birth

Our client

Reuben* (two years old) was injured when a delay in his delivery caused a perinatal hypoxic brain injury during his birth. Reuben is too young for the full impact of his birth injury to be assessed but he already has damage to the central nervous system (neurological impairment) and will suffer permanent disabilities. It is likely that he will remain totally dependent on others for his daily living needs for his entire life.

An MRI scan of Reuben’s brain 15 days after his birth showed the evidence of the acute perinatal hypoxic brain injury .

The result

Boyes Turner’s specialist birth injury claim solicitors obtained a full admission of liability from the hospital where Reuben was born. Temporary short-term payments are being made until Reuben is old enough for the full extent of his injuries to become clear and for birth injury compensation claim to be properly valued.

The claim process

Reuben’s family contacted our birth injury claims team soon after he was born in 2009 and we began investigating what had happened during his birth.

Our investigation involved looking at the medical records of both Reuben and his mum and obtaining the professional opinions of five expert witnesses to find out exactly how the perinatal hypoxic brain injury happened and how his birth injury could have been prevented.

In 2011, we contacted the hospital, setting out what we thought had taken place during Reuben’s birth and how we believed birth injury negligence had occurred. This included how the midwives had not properly – or often - monitored Reuben’s mum and that too much Syntocinon had been given, too often and without a proper medical review beforehand. We also highlighted how a failure to quickly call for specialist help also played a key role in the birth injury Reuben sustained.

Did the hospital admit fault?

The hospital admitted full responsibility for the birth injury negligence that caused the hypoxic brain injury.

How was the case funded?

Legal aid was granted and there was no cost to Reuben or his family in making this birth injury negligence claim.

The future for Reuben

Reuben is only two years old and so the extent of his birth injury is not yet clear.  When he is old enough, the claim will be valued and a compensation payment made. In the meantime, temporary short-term payments are being made to meet Reuben and his family’s immediate needs.

*All names have been changed for client privacy. 

Knowledgeable, organised, responsive, diligent, empathetic and human. I deal with many legal firms during the course of my work and have found the Court of Protection team at Boyes Turner to be, 'Simply the best'.

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