Obstetrics cases
McMenamin v Luton & Dunstable Hospital NHS
Foundation Trust
Jake’s mother suffered from a haematological
disease called Primary Anti-phospholipid Syndrome (PAPS). The
syndrome is associated with obstetric complications such as
miscarriage, fetal death, clot formation in the placenta resulting
in placental failure, pre-eclampsia and intra-uterine growth
restriction (IUGR).
The central allegations against the Trust were
the failures to treat her pregnancy as a “high risk” pregnancy and
to advise, establish and enforce a suitable management plan for the
pregnancy including ultrasounds and close obstetric
surveillance.
In fact, Jake was born on 14 August 1996 at 34
weeks gestation by emergency Caesarean section because of fetal
distress.
Had the obstetricians followed the management
plan for a high risk pregnancy, IUGR would have been diagnosed
before 30 weeks gestation. Close surveillance of the
pregnancy would have found an abnormal Doppler study and would have
resulted in delivery to Jake before he suffered any damage to his
brain.
Paul McNeil was instructed to bring a claim
against Luton & Dunstable Hospital.
Shortly before the Trial which was fixed for
the 24 November 2008, the Defendant made a substantial offer to
settle the case on a lump sum and annual payments basis. The
lump sum will cover the cost of an adapted house and all the aids
and appliances Jake requires. The yearly payments, which are
updated for inflation, are sufficient to cover the cost of his
ongoing care.
At the end of the case, Jake’s mother said:
“Just to say how much we appreciate all
your hard work that led to the compensation settlement that will
make such a difference to Jake’s life. Your attention to
detail and great knowledge and skill in this particular type of
case reassured us that the outcome would go our way.”
A v B NHS Trust
A was born in October 2000 with serious genetic abnormalities
affecting his right arm and his heart.
We alleged, on his parents behalf, that the injuries were easily
recognisable at the obstetric 20 week anomaly scan. In fact, the
hospital sonographer noted that the fetal limbs were of normal
length when this could not have been the case.
Had the anomalies been detected the mother would have had
further detailed investigations which would have revealed the
presence of a large hole in the fetal heart. With two serious
abnormalities, there was no doubt that the pregnancy would have
been terminated.
Samantha Critchley acted on the
parents behalf in a case which was difficult both in regard to
medicine and law. The case was vigorously defended by the hospital
and its lawyers.
The action was fixed for trial in March 2007 and after a series
of negotiations the case settled in the sum of £1.35 million.
After the case the parents said:
“There are simply not words enough to
convey our gratitude for what you have done for our family. In the
end, it was your tenacity and commitment, through even the case’s
darkest hour, that saw it through...Rest assured we will husband
the resources you have brought us carefully, so that even in 50
years time the success of this case is still bringing benefits to
our son”.
K v Rush Green Hospital
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K was born on 19 May 1983 and suffered brain damage prior to and
during his delivery. As a result he suffers from mixed dyskinetic
and athetoid cerebral palsy.
During labour K’s mother was left alone and without proper
monitoring for long periods. The hospital staff failed to recognise
an abnormal CTG trace and that K’s mother was likely to be
suffering a placental abruption causing her to go into premature
labour.
Following the placental abruption and the delayed delivery,
sadly, M suffered a short period of hypoxia immediately before his
birth.
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During the intervening years, the hospital lost the CTG trace.
Our experts reconstructed the labour on the basis of the notes and
the recollection of K’s mother.
The pregnancy was already high risk because of the mother’s age
of 39 and breech presentation.
The Defendants denied liability contending that K was properly
monitored and that his injury occurred purely as a result of the
placental abruption and hypoxia, (both of which were
unavoidable).
The case was difficult and likely to turn, depending on which of
the obstetric expert’s evidence (Claimant’s or Defendant’s) the
Court preferred. K’s case was fixed for trial on 29 January 2007
with a time estimate of 10 days. K, now aged 23, took a keen
interest in his proceedings (as much of his cognitive function
remained intact).
Richard Earle instituted ‘without
prejudice’ discussions on 6 October 2006. Damages of a lump sum of
£1 million, along with annual periodical payments of £54,350
(linked to inflation) were eventually agreed.
The compensation will be managed by the Court of Protection on
K’s behalf who pursued the claim with the benefit of public
funding.
Although it was recognised that the terms of the settlement
would not be sufficient to provide K with an ideal level of care,
it nevertheless provided him with assets so that he would enjoy a
marked improvement in the quality of his life and will enable him
to move from residential care which is very much his wish. He is
hoping to purchase his own property and live independently.
K v. Oxford Radcliffe Hospital NHS Trust
K was born at the John Radcliffe Hospital on 4 October 2001. As
a result of negligence during the care of his mother during labour,
K now suffers from cerebral palsy which affects his upper limbs
more than his lower limbs. Happily K’s intelligence and
intellectual capability is preserved, as is his character. He is a
very engaging little boy.
During the course of his mother’s labour the obstetric team
introduced a drug called Syntocinon to increase his mother’s
contractions. Following this the fetal heart began to show signs of
stress. We alleged (on K’s behalf) that a proper management plan
required that the Syntocinon be stopped or reduced early in the
labour. This would have resulted in the abnormalities to K’s heart
being avoided. Delivery would have taken place by Caesarean Section
and K would have been born without disability.
Instead the Syntocinon was maintained throughout the labour and
the fetus began to suffer distress. Although K was born in good
condition, after birth he inhaled a plug of meconium which blocked
his trachea so that he was unable to breathe for a period after
birth. We successfully argued that the meconium would not have been
passed if the fetus had not been stressed by the excessive
contractions caused by the Syntocinon.
Paul McNeil investigated the claim on
behalf of K obtaining reports from an obstetrician and a
neonatologist. Proceedings were issued in January 2005. The matter
settled for £3.5 million in February 2006, close to the date fixed
for trial.
As a result of the settlement the family have been able to
purchase a suitable property and to provide professional care and
therapies which K needs to maximise his potential.
After the case K’s mother said:
"It is impossible to put into words what
Paul McNeil and FFW has done to help our family. Throughout the
case Paul was supportive, approachable and honest which gave us
great confidence in him and his team. As a result of Paul and FFW’s
hard work and diligence we are able to maximise his potential and
enable him to live his life with a sense of independence and a
dignity he deserves.”