Paediatric care cases
B v Basildon & Thurrock NHS Trust
B was born on Saturday 2 June 1990 at midnight at gestation 37
weeks. His mother was an insulin dependent diabetic and the
obstetric team had recognised that B was at risk of suffering
hypoglycaemia in the neonatal period.
At birth, B had a low blood glucose level which fell to zero in
the hours after birth. Notwithstanding this, B was not admitted to
the Special Care Baby Unit for correction of the blood glucose
level until about 10am the following morning.
Subsequently, the Claimant contended that B suffered fits (and
subsequent brain damage) due to neonatal hypoglycaemia on day one
and day two. Sadly, B went on to suffer very severe spastic quadric
cerebral palsy. We argued on B’s behalf that the midwives and the
paediatricians had been negligent in failing to recognise the low
blood sugar and in failing to admit and treat B in the Neonatal
Special Care Unit.
Although B’s physical injuries were consistent with a pattern of
damage caused by hypoglycaemia, an MRI scan performed some years
after birth, showed another potential cause of the damage, i.e.
PVL. There is medical controversy as to the cause of PVL and the
Defendants strongly contested that such damage could not be caused
by hypoglycaemia.
The injuries to B are so severe and his needs are so great, the
claim is potentially worth a very substantial amount of
compensation.
On 3 December 2007, the matter went to trial and lasted for 12
days.
A number of highly qualified neonatologists, paediatricians and
neuroradiologists gave crucial evidence to the Court.
Paul McNeil acted for B who was funded
by Legal Aid.
In giving judgment for the defendant His honour Judge Mitchell
stated that “...if the causal link between hypoglycaemia and
PVL is proved a decade in the future then [B] may well have
suffered an injustice However, as I have been at pains to identify,
there are a series of missing links in the causal chain which have
led me to the conclusions which I have reached…”
S v. East and North Hertfordshire Hospitals NHS
Trust
S was born at the Ipswich General Hospital on 24 April 2001 when
her parents were on holiday in Suffolk. She was born at 29 weeks
gestation and was transferred to the Lister Hospital, in Stevenage
on 27 April.
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On 30 April in the late afternoon S collapsed and suffered
permanent brain damage. The collapse led to a condition known as
PVL, infantile spasms and subsequently autism. Sadly, S suffers
from severe communication and behavioural difficulties in addition
to severe learning disabilities. She also has mild spastic
hemiplegia. S will never work and will require constant care and
supervision throughout her life.
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The issue in the case was the cause of the collapse on 30 April.
We established that this was due to an over-infusion of dextrose
solution and a subsequent failing to maintain S’s levels of sodium
and allowing her to become severely hyperglycaemic.
Initially liability was admitted by the Trust. However, when the
parties were investigating quantum of damages the hospital reneged
on its admission and it was necessary to issue proceedings and to
ask the court to determine the cause of S’s injuries.
The case was fixed for trial for 12 December 2006. The
Defendants, on the basis of independent expert evidence, asserted
that S’s autism could not have been caused by the negligent over
infusion of dextrose. They argued that he brain injury was caused
by infantile spasms which were not related to the initial
injury.
Shortly before the trial, and after receiving advice from
another expert on the cause of S’s disabilities the Defendants
admitted liability.
In addition Paul McNeil secured a
substantial interim payment to enable the family to purchase care,
additional speech and language therapy, education services and more
suitable accommodation.
The total compensation has yet to be calculated.
Following the admission of liability S’s mum stated:
“We are delighted with the outcome of the
case that Paul McNeil conducted for our daughter. Paul’s tactical
grasp throughout was excellent. His exceptional skill secured us a
quick admission from the hospital of liability and he patiently
capitalised on this to win a substantial initial lump sum. We would
have no hesitation in recommending him to others”.