Oliver was born at the Horton General Hospital on 9 February
1995. His mother had been admitted to hospital the previous day
expecting twins. She was then 34 weeks pregnant.
At about 4.48am, William (twin 1) was delivered “easily”. Oliver
was noted to be in a compound presentation of both hand and vertex.
The obstetrician, having twice unsuccessfully tried ventouse
delivery with a silastic cup, then proceeded to emergency Caesarean
section.
Oliver was eventually delivered by Caesarean section at 5.30am.
He has dystonic athetoid cerebral palsy, caused by acute fetal
asphyxia.
The claim alleged that the doctors should have delivered Oliver
and his brother by caesarean section immediately, in the light of
the persistent (and deteriorating) severe bradycardia on the CTG at
3.00am on 9 February. This would have taken about 30 minutes to
achieve and both twins should therefore have been delivered before
4am.
It is thought that although Oliver suffered very severe physical
injuries, he is of normal intelligence and it is hoped that with
special schooling he will be able to make significant
achievements despite his undoubted communication
difficulties.
After negotiations between the parties the case eventually
settled in the sum of £3.4 million. The settlement being approved
by Mrs Justice Cox. Paul McNeil
conducted the case with the assistance of Public Funding (formerly known as Legal
Aid).
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.