NHS faces major costs over brain damage to baby
THE NHS faces a “very substantial” payout after a child suffered profound brain damage leading to cerebral palsy at birth.
A “negligent delay” by midwives contributed to the baby’s injuries, lawyers said, with the Newcastle Hospitals NHS Trust denying a breach of duty when it came to not “expediting” the baby’s birth but accepting that midwives should have sought a doctor to review the case sooner.
Lawyers for both the child – known as AWZ – and the hospital trust have agreed a compromise which will see the trust pay 55% of the damages which would have been awarded had the brain injury been found to be entirely due to negligence. This sum is yet to be decided.
The baby, who was born at Newcastle’s Royal Victoria Infirmary in 2014, is profoundly disabled as a result of a “prolonged period of inter-uterine hypoxia” before he was delivered by Caesarean section. Hypoxia is when the human body does not receive enough oxygen – and this child is believed to have been starved of oxygen for around half an hour.
The baby’s mother had attended hospital complaining of a placental abruption, which is a serious pregnancy complication. However, there was a period of 45 minutes from the mother’s arrival at hospital before midwives summoned a consultant obstetrician to review the case. Then after what lawyers described as “non-reassuring” CTC scan, medics made the decision not to intervene until the baby’s heart rate had collapsed.
By the time the baby was delivered, he had suffered profound hypoxic brain damage.
The hospital trust admitted breaching duty in failing to seek a medical review sooner, but denied a breach of duty and causation when it came to the decision not to bring forward the baby’s delivery, which it said was a reasonable decision given there were “no clear abnormalities” in the scan.
The trust’s expert also argued the hypoxic event, which saw the baby starved of oxygen, would have happened had a doctor been called earlier. The legal teams for both the family of AWZ and the hospital trust agreed the 55% compromise which was approved by a High Court judge last week.
The final value of compensation to be paid will now be negotiated – and lawyers expect this will run to a “very substantial sum of damages” likely to be finalised at a trial late next year.
The compensation will help to meet the child’s ongoing care, rehabilitation, accommodation and equipment needs, lawyers said.
The agreement comes after both sides presented experts highlighting how complex such cases can be and the agreement “acknowledges the complexities involved in the case”, the child’s legal team said.
These include the differing expert opinions on whether the cerebral palsy resulted from “event-based occurrences or timing-related failures” during birth.
Clair Wilson, from the medical negligence team at Thompsons Solicitors who represented AWZ through their litigation friend, said: “This settlement marks a significant milestone in a journey that has been both challenging and deeply moving.
“Our primary focus has always been on securing the best possible outcome for AWZ and their family, acknowledging the profound impact this situation has had on their lives.
“This case has highlighted the critical importance of timely medical intervention and the complexities inherent in medical negligence cases. We are grateful for the court’s recognition of these challenges and for approving a resolution that acknowledges the needs of AWZ and their family.”
Barrister David Knifton KC said: “It has been a privilege to represent this child and their parents. Through their tremendous dedication and care, he has made remarkable progress in overcoming the many difficulties presented by their profound disability.
“They now have the enormous advantage of knowing their future will be financially secure, enabling them to plan their lives accordingly. Fortunately, the skill and experience of their legal team, together with the sensible and measured approach taken by the Trust’s lawyers, has enabled a difficult case to be compromised, which undoubtedly benefits both parties.”
A spokesperson for the Newcastle upon Tyne Hospitals NHS Trust said: “We are pleased that an agreement has been reached and will continue to work with all the parties involved to agree a settlement as soon as possible.”
Through their tremendous dedication and care, (the child) has made remarkable progress in overcoming the many difficulties presented by their profound disability David Knifton KC