Cases - cerebral palsy claims
B v Guy’s & St.Thomas’ NHS Trust
Paul McNeil applied to Mr Justice Calvert Smith for an interim
payment to cover the cost of purchasing a suitable property and
providing 24 hour care to B.
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B was born on 19 April 2002 at Guy’s & St Thomas’ Hospital.
He suffers from cerebral palsy which was caused by admitted
obstetric negligence. B’s injuries are very severe and he is
totally dependent on his family for care and support which he
requires on a 24 hour basis.
The solicitors acting for Guy’s and St Thomas’ Hospital, having
accepted blame for his cerebral palsy as a result of medical
negligence in November 2006, refused to provide funds to enable B
and his family to move to appropriate accommodation and to provide
suitable care.
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The dispute was resolved after a hearing before Mr Justice
Calvert Smith who ordered that the Defendants pay the sum of
£850,000 to cover these costs on or before 8 October 2007. The
Defendants argued that O was asking for too much money,
notwithstanding their acceptance of B’s needs, including that this
present home was not suitable for him or his carers. Mr Justice
Calvert Smith awarded the whole sum asked for.
Since the hearing, the parents have purchased a house and it is
presently being updated for B’s needs.
B’s mother said “...Mr Paul McNeil came into the picture two
years ago when all hope of justice was lost. He has worked
tirelessly and meticulously to ensure that our son [B] could have
at least a better future...”.
N v Royal Berkshire NHS Foundation Trust
(2008) - £405,750 compensation awarded to a
nine-year-old girl, who was injured during her birth in 1998 whilst
under the care of the Royal Berkshire NHS Foundation Trust.
S v North Middlesex Hospital NHS Trust (2004) -
Abnormal CTG - failure to expedite delivery - cerebral palsy -
significant developmental delay, poor vision and serious
behavioural problems - motor dysfunction - interim payment
£700,000
D v Oxford Radcliffe Hospitals NHS Trust (2003)
- Delay in delivering twins in light of persistent and
deteriorating severe bradycardia on CTG - twin 2 has dystonic
athetoid cerebral palsy due to fetal hypoxia - severe physical
injuries - normal intelligence - settlement £3.4 million.
G v The West Surrey and East Hampshire Health Authority
(2002) - Breech presentation - abnormal CTG - Failure to
expedite delivery by way of caesarean section - dyskenetic cerebral
palsy - settlement £2million
R v The Greenwich Healthcare NHS Trust (2001) -
Baby born at 30 weeks gestation - electively intubated and
transferred to SCBU - failure to manage ventilation settings - PVL
- severe spastic quadriplegic cerebral palsy - settlement
£2.5million plus indemnity of up to £120,000 for private education
costs.
B v Hillingdon Hospitals NHS Trust (2001) -
Abnormal CTG - failure to expedite delivery - cerebral palsy -
profound intellectual impairment - no motor disability - settlement
£1.6 million
P v The Royal Free Hospitals NHS Trust (2001) -
Delay in diagnosing placental abruption - failure to maintain
intravenous infusion of dextrose neonatally - mild spastic diplegic
cerebral palsy - epilepsy - settlement £450,000.
R v The Royal London NHS Trust (1999) -
Abnormal CTG – failure to expedite delivery - severe spastic
quadriplegic cerebral palsy, cortical blindness and market
developmental delay – settlement £1.5 million, plus indemnity in
relation to future education
L v Barking, Havering & Brentwood Health Authority
(1996) - Fetal distress - administration of Syntocinon -
quadriplegic dystonic cerebral palsy - settlement £800,000 plus
annuity
Full case details
S v North Middlesex Hospital NHS Trust
(2004)
Paul McNeil acted for S in connection with a claim for medical
negligence arising out of his birth and delivery at the North
Middlesex Hospital on 20 November 1995. S 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 S by
emergency caesarean section.
In fact delivery did not take place until 01:35. There was also
a delay in resuscitation by the paediatricians.
The claim was investigated notwithstanding that 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 S by 01:00 hours on 20 November 1995. However, the Trust
vehemently denied that the negligence caused S any harm.
Proceedings were issued in October 2003 and the trial was fixed
for the Autumn of 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, S 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, S 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 S is to receive is yet to be
decided.
The case was conducted with the benefit of Public Funding.
D v Oxford Radcliffe Hospitals NHS Trust
(2003)
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 04:48, 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 0530. 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
03:00 on 9 February. This would have taken about 30 minutes to
achieve and both twins should therefore have been delivered by
0355.
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
notwithstanding 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).
G v The West Surrey and East Hampshire Health Authority
(2002)
Paul McNeil acted for Portia Gumbs in connection with a claim
for medical negligence arising out of her birth and delivery at the
Frimley Park Hospital on 30 March 1992. Portia suffered from
dyskinetic cerebral palsy complicated by a rare congenital
abnormality described as Klienfelder’s syndrome. The latter
involves a normal male chromosome configuration of XY, but with an
additional X chromosome. Unusually for this condition, Portia is
being brought up a female and her male organs have been
removed.
The main allegations concerned the conduct of the obstetric team
during the labour. Portia was in breech position and there was an
abnormal fetal heart reading. We contended that this should have
lead to an expedited delivery by way of caesarean section
particularly in view of the difficulties associated with breech
delivery. The defendants denied liability principally on the
grounds that their experts viewed the heart trace as “suspicious”,
but no more. There was no requirement to expedite delivery.
Proceedings were issued in June 2001 with a trial fixed for
February 2003. Liability was never admitted but a negotiated
settlement was achieved in the sum of £2,000,000, which was
approved by the court in December 2002. The claimant accepted a
discount for the risks of litigation.
R v The Greenwich Healthcare NHS Trust
(2001)
T was born at the Greenwich Hospital on 16 December 1992 at 30
weeks gestation. Although premature, his weight was good and his
head circumference was above the 97th centile.
In accordance with responsible practice, T was electively
intubated and transferred to the special care baby unit.
Subsequently, T developed severe spastic quadriplegic cerebral
palsy sustained as a result of periventricular leukomalacia
(PVL).
The claim was unusual because the PVL occurred as a result of
hypocarbia, a deficiency of Carbon Dioxide in the blood. His case
was that an analysis of his blood gases should have been undertaken
in the evening of the day of his birth. In fact, such an analysis
took place at around midnight and indicated that T was at risk of
hypocarbia. Instead of accepting the results, the Registrar decided
that there was “a mechanical fault” in the ventilator. Accordingly,
the ventilator settings were not reduced and resulted in T being
exposed to excessive amounts of oxygen and diminished carbon
monoxide for a period of over 9 hours.
Paul McNeil was instructed by the parents of T initially to
pursue a claim in relation to the obstetric management. However,
further investigations revealed the potential claim in relation to
the paediatric management of the ventilation settings. Proceedings
were issued in January 2000 and initially the claim was defended
both on breach of duty and causation. Ultimately, negligence was
conceded (in relation to the later allegation) but there remained
considerable difficulties on causation i.e. precisely when the PVL
occurred.
The trial was fixed for 29 January 2001 with an estimated time
of three weeks. On 25 January, the defendant agreed to settle the
claim for £2.25 million together with an indemnity against any
private educational costs limited to £120,000.
B v Hillingdon Hospitals NHS Trust (2001)
B was born at the Hillingdon Hospital on 7 December 1984, FFW
being instructed in 1998. We alleged that there was negligence by
the midwifery staff in failing to recognise signs of fetal distress
on the CTG some three and a half hours before birth. It was
contended that a consultant obstetrician should have been called
and delivery should have been achieved some one hour 45 minutes
earlier.
After years of denial (to the previous solicitors) the Health
Authority in its defence accepted negligence but not causation. The
case was unusual in that B suffered from severe brain damage
causing profound intellectual impairment, but no motor disability.
Although he attended a special school, he was, by far, the most
physically able at that school.
The case was fixed for trial for 16 July 2001 and settled a few
days before in the sum of £1.6 million.
P v The Royal Free Hospitals NHS Trust
(2001)
P and The Royal Free Hampstead NHS Trust, P was born on 13
November 1990 at a gestation of 34 weeks. Mrs P had an unrecognised
placental abruption, which was evident from the significant
abdominal pain which she suffered, together with abnormalities on
the CTG. We contended that P should have been delivered about 25
minutes earlier.
Unusually, we were also advised by our experts that paediatric
monitoring had been negligent in that P had suffered from
hypoglycaemia, partly caused by the failure of the hospital to
maintain intravenous infusion of dextrose when P visited her mother
on the labour ward.
P suffers from mild spastic dyplegic form of cerebral palsy with
epilepsy. She was able to attend normal school, although she
sometimes needed assistance to undertake physical activities.
Intellectually she was bright but had some difficulty with
mathematics.
The claim was fixed for trial for 9 July 1991, but was settled
shortly before in the sum of £450,000 which was paid into a private
trust for the benefit of P.
R v The Royal London NHS Trust (1999)
R was born on 2 October 1994. During the delivery there was an
abnormal fetal heart reading. This should have led to an expedited
delivery. R suffers from severe spastic quadriplegic cerebral
palsy, cortical blindness and marked developmental delay.
A settlement of £1.5m, plus costs was agreed, with the Trust
also giving an indemnity of up to £500,000 in relation to future
education.
L v Barking, Havering & Brentwood Health Authority
(1996)
L was born on 21 December 1991. Syntocinon was administered
during the labour, resulting in a deterioration in the fetal
condition. The Syntocinon was correctly turned off. About 40
minutes later, after full dilation, the fetal heart reading began
to deteriorate, and yet the midwife restarted the Syntocinon. This
increased fetal distress and L was born just over an hour later by
forceps delivery. L now suffers from quadriplegic dystonic cerebral
palsy. The Syntocinon should not have been restarted. If it wasn't,
L would probably have been born about 45 minutes later but without
damage.
A settlement was agreed in the sum of £800,000, plus costs, and
the child will receive an annuity in the sum of £26,250 until aged
19 and thereafter in the sum of £60,000.
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negligence claim and how we can assist you on our clinical
negligence pages.
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