Paul McNeil acted for Stephen in a
cerebral palsy claim arising out of his
birth and delivery at the North Middlesex Hospital on 20 November
1995. Stephen has significant developmental delay, poor vision and
serious behavioural problems. He also has some degree of motor
dysfunction.
His mother was admitted to hospital on the evening of 19
November 1995 and was appropriately monitored with a CTG trace. By
about 00:30 hours the next day, the trace indicated severe fetal
distress, such that steps should have been taken to deliver Stephen
by emergency Caesarean section.
Delivery did not take place until 01:35. There was also a delay
in resuscitation by the paediatricians.
The claim was investigated even though Stephen’s injuries
were not those usually associated with lack of oxygen during
labour.
A letter of claim was served on 11 July 2002 and the defendant
subsequently admitted that there had been negligence in failing to
deliver Stephen by 01:00 hours on 20 November 1995.
However, the Trust vehemently denied that the negligence caused
Stephen any harm.
Proceedings were issued in October 2003 and the trial was fixed
for Autumn 2004.
The defendant initially offered to settle the case on a 50%
discounted liability basis and later a 66% discounted liability
basis.
These were rejected by the claimant on the basis of the strength
of the paediatric advice, which was that the majority of his
injuries were caused by the delay in delivery.
On 28 July 2004, the court approved a settlement agreed between
the parties.
The defendant accepted that if delivery had taken place by
01:00, Stephen would have been born with damage limited to motor
dysfunction. He would have suffered, at worst, mild cerebral palsy,
with no learning or visual problems and no challenging
behaviour.
But for his cognitive and visual damage, Stephen would have been
able to live independently and hold down a job. Judgment was
entered on that basis.
In addition, the defendant agreed to make an interim payment in
the sum of £700,000 to cover a rehabilitation package agreed
between the parties to include the appointment of a psychologist,
case manager and the purchase of suitable accommodation.
The amount of damages Stephen is to receive is yet to be
decided. The case was conducted with the benefit of Public Funding.
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.