We pursued a paediatrics
negligence claim for Thomas who suffered brain damage at
Greenwich Hospital because the settings in his incubator were
wrong. The claim settled just before trial for £2.25
million.
Thomas was born at the Greenwich Hospital on 16 December 1992 at
30 weeks gestation. Although 10 weeks premature, his weight was
good and his head circumference was above the 97th percentile.
In accordance with responsible practice, Thomas was electively
incubated and transferred to the special care baby unit.
Subsequently, Thomas developed severe spastic quadriplegic
cerebral palsy sustained as a result of periventricular
leukomalacia (PVL), which is the death of brain tissue.
Our expert evidence indicated that the PVL occurred as a
result of hypocarbia, a deficiency of carbon dioxide in the
blood.
Our evidence indicated that Thomas' blood gases should have been
analysed on the evening of the day of his birth. In fact, such
an analysis took place at around midnight and indicated that Thomas
was at risk of hypocarbia.
Instead of accepting the results, the registrar decided that
there was a mechanical fault in the ventilator. Accordingly, the
ventilator settings were not reduced and resulted in Thomas being
exposed to excessive amounts of oxygen and diminished carbon
monoxide for a period of over 9 hours.
Paul McNeil was instructed
by Thomas' parents initially to pursue a claim in
relation to the obstetric management.
But further investigations revealed the potential claim in
relation to the paediatric management of the ventilation
settings.
Proceedings were issued in January 2000 and initially the claim
was defended both on breach of duty and causation. Ultimately,
negligence was conceded (in relation to the later allegation) but
there remained considerable difficulties on causation i.e.
precisely when the PVL occurred.
The trial was fixed for 29 January 2001 with an estimated time
of three weeks. On 25 January, the defendant agreed to settle the
claim for £2.25 million together with an indemnity against any
private educational costs limited to £120,000.
For further information or if you have a paediatrics negligence claim please
call Paul McNeil on
020 7861 4019 or email paul.mcneil@ffw.com
You can discuss your paediatrics negligence claim with any
member of our medical negligence team on
freephone 0800 358 3848, email personalinjury@ffw.com or
complete our short enquiry form.