£1.35million for parents after 20-week scan failed to detect serious abnormalities | Fieldfisher
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Case Study

£1.35million for parents after 20-week scan failed to detect serious abnormalities

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Samantha Critchley
Samantha Critchley recovered more than £1 million damages for our clients after their son was born with genetic abnormalities that should have been recognised during pregnancy. The wrongful birth claim was taken as if our clients were aware of the abnormalities the pregnancy would have been terminated.

Andrew was born 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.

If the anomalies had 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 use 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."

Contact us

For further information about wrongful birth claims and clinical negligence claims, please call Samantha Critchley on 03304606812 or email samantha.critchley@fieldfisher.com.

Alternatively

All enquiries are completely free of charge and we will investigate all funding options for you including no win, no fee.