Paul McNeil acted for Portia Gumbs
in a birth injury claim
against the Frimley Park Hospital following her birth on 30
March 1992.
Portia suffered from dyskinetic cerebral palsy complicated by a
rare congenital abnormality described as Klinefelter's
syndrome.
Klinefelter's syndrome involves a normal male chromosome
configuration of XY, but with an additional X chromosome. Unusually
for this condition, Portia is being brought up a female and her
male organs have been removed.
The main allegations concerned the conduct of the obstetric team
during labour. Portia was in breech position and there was an
abnormal fetal heart reading.
We argued that her birth should have been expedited and she
should have been delivered by Caesarean section, particularly
in view of the difficulties associated with breech delivery.
The defendants denied liability principally on the grounds that
their experts viewed the heart trace as “suspicious”, but no more.
They contended that was no requirement to expedite
delivery.
Proceedings were issued in June 2001 with a trial fixed for
February 2003.
Liability was never admitted but Paul
McNeil negotiated a settlement of £2,000,000, which was
approved by the court in December 2002.
For further information or if you have a cerebral palsy claim please call Paul McNeil on 020 7861 4019 or
email paul.mcneil@ffw.com
You can discuss your cerebral palsy
claim with any member of our medical
negligence team on
freephone 0800 358 3848, email personalinjury@ffw.com or
complete our short enquiry form.