Appeal allowed in the complex causation case of CDE v Surrey & Sussex Healthcare NHS Trust [2023] EWCA Civ 1330. The Claimant suffered acute profound hypoxic ischemia (“PHI”) at birth which has led to quadriplegic cerebral palsy with severe global developmental delay. The Claimant appealed the previous finding that the earlier attachment of a CTG trace would not have led to the earlier entry into the labour room of the consultant obstetrician and therefore would not have led to an earlier birth and thus reduced the level of injury sustained. The case has been remitted to the Judge to consider the issue as to what difference delivery a minute earlier would have made to the brain injury suffered.
Lizanne Gumbel KC was instructed by Fieldfisher for the Claimant. Neil Sheldon KC was instructed for the Defendant by Capsticks.
