We recovered £1.6 million compensation in a birth injury claim for Brett who suffered brain
damage during his birth because of a failure of the midwifery staff
to recognise fetal distress. The compensation will provide for
Brett's education, care, rehabilitation and housing needs ensuring
that he receives the best possible treatment for his
condition.
Brett was born at the Hillingdon Hospital on 7 December 1984.
During his delivery the midwifery staff in failing to recognise
signs of fetal distress on the CTG (fetal heart monitor) some three
and a half hours before birth.
As a result, Brett's brain was starved of oxygen and he suffered
catastrophic brain damage. He now suffers from profound
intellectual impairment, although his motor skills are not
affected. Although he now attends a special needs education school,
he is by far the most physically able of the children at the
school.
We were instructed to pursue a birth
injury claim for Brett by his parents in 1998 as his
parents were unhappy with their previous solicitors.
We alleged that there was negligence by the midwifery staff in
failing to recognise signs of fetal distress on the CTG some three
and a half hours before birth.
Our evidence indicated that if a consultant
obstetrician had been called and Brett was delivered one hour 45
minutes earlier, he would not have suffered any brain damage.
After years of denial to the previous solicitors, the
Health Authority in its defence accepted negligence, but not
causation.
The case was fixed for trial for 16 July 2001 and settled a few
days before in the sum of £1.6 million. The defendant also agreed
to pay all of Brett's legal costs.
For further information or if you have a birth injury claim please call Paul McNeil on 020 7861
4019
or email paul.mcneil@ffw.com
You can discuss your birth injury
claim with any member of our medical negligence team on
freephone 0800 358 3848, email personalinjury@ffw.com or
complete our short enquiry form.