Fetal medicine cases
P v East Gloucestershire NHS Trust (2003) -
Failure to diagnose spina bifida on routine anomaly scan - surgery
for closure of myelomeningocele - paraplegia - incontinence of
urine and faeces - hydrocephalus - settlement £45,000
W v Guy’s & St. Thomas’ Hospitals NHS Trust
(2003) - VACTRL syndrome - abnormalities of upper limbs
and genito-urinary function - settlement £360,000
Full case details
P v East Gloucestershire NHS Trust (2003)
Mr and Mrs P instructed Paul McNeil in
connection with the birth of their son, Gareth, on 26 April
1999.
Mrs P became pregnant with Gareth in July 1998 and attended a
routine anomaly ultra sound scan in November 1998. The scan was
reported as normal and the pregnancy continued until Gareth’s birth
on 26 April 1999.
Immediately after birth the paediatricians noted that Gareth had
spina bifida, which had not been diagnosed ante-natally.
Gareth was immediately transferred to the Frenchay Hospital
where surgery for the closure of the myelomeningocele was carried
out on 27 April 1999. Gareth has continued to have significant
problems including paraplegia, incontinence of urine and faeces and
hydrocephalus.
We alleged the midwives and the ultra sonographers had been
negligent in failing to identify Gareth’s spina bifida prior to his
birth, particularly at the ultrasound scan in November 1998.
Proceedings were issued in April 2002. Shortly after this, the
defendants admitted negligence and the matter proceeded on the
basis of quantum of damages only.
After protracted negotiations, the matter was settled in
December 2003 in the sum of £750,000.
W v Guy’s & St. Thomas’ Hospitals NHS Trust
(2003)
Paul McNeil acted for Mr and Mrs W in
connection with a claim for medical negligence arising out of the
treatment Mrs W received at hospital during the pregnancy ending
with the birth of AW on 5 July 1999. A suffered from VACTRL
syndrome which meant that she had abnormalities of the upper limbs
and genito-urinary function.
It was alleged that with proper obstetric care Mrs W’s pregnancy
would have been terminated and A would not have been born.
The issue of liability was agreed between the parties. The W’s
agreed to accept 90% of the full value of the claim.
The case was settled in the sum of £360,000 in July 2003 to
include compensation for pain and suffering to the parents, extra
care, the cost of treatment and Mrs W’s loss of earnings.