John Whitting KC, leading Jo Moore, has secured judgment for the Claimant in a high value birth injury claim. The claimant, a young boy (A), suffered severe brain damage, after his birth and his mother’s antenatal care were allegedly mismanaged by Epsom & St Helier University Hospital Trust.
A’s case was that his mother was not properly advised of the benefits of serial growth scans to monitor her baby during pregnancy, and that, had she been, she would have agreed to have them. It was agreed that those scans would have shown that A was in breech position and that he would, then, have been delivered in hospital. In fact, the breech went undiagnosed and A was delivered at home. During the course of delivery, he suffered an acute profound hypoxia ischaemia as a result of which A now has permanent brain damage in the form of a GMFCS Level IV dyskinetic cerebral palsy. The Trust admitted that had A been delivered in hospital, he would have avoided that hypoxia ischaemia. A also alleged that it would, in any event, have been avoided had the delivery and resuscitation not been negligently managed.
Fieldfisher’s press release can be found here.