We pursued a wrongful birth
claim for Paula who's son was born with cystic fibrosis.
Paula's cousins both have the disease and she should have been
offered genetic counselling and
ante-natal testing when she was pregnant to find out if her son
would have cystic fibrosis.
Paula became pregnant in June 1993. At her first ante-natal
appointment she indicated that her two cousins suffered from cystic
fibrosis.
The midwife did not offer any advice in relation to the risks of
cystic fibrosis in the pregnancy. Paula was not offered or
advised to consider any pre-natal testing.
On 8 March 1994, Larry was born and was
subsequently diagnosed as suffering from cystic fibrosis.
Larry had a 1 in 320 risk of developing
cystic fibrosis and Paula should have been offered genetic
counselling and the appropriate ante-natal screening
test.
Had such tests been carried out it would have
been established that the fetus did in fact suffer from cystic
fibrosis and Mrs P would have elected to undergo a
termination.
In October 1995,
Paula instructed our medical
negligence team to pursue a wrongful birth claim on a
no win, no fee (also known as
conditional fee) basis.
Proceedings were issued on 6 March 1997 with
the trial expected on 30 November 1998.
Liability was denied by the Health Authority
and expert evidence was served from two obstetricians who concluded
that the actions of the hospital were responsible for the failure
to offer Paula genetic counselling during her pregnancy in
1993.
We entered into negotiations with the
defendant hospital who agreed to pay the sum of £300,000 plus costs
which will go towards Larry's cystic fibrosis treatment.
For further information or if you have a wrongful birth compensation claim, call Paul McNeil on
0207 861 4019 or email paul.mcneil@ffw.com
You can speak to any member of our medical negligence team on freephone
0800 358 3848, email personalinjury@ffw.com or
complete our short enquiry form.