£20.3m settlement for twin seriously injured during forceps delivery

Jenny Urwin settled a medical negligence claim for £20.3m for a twin who was brain injured due to negligent treatment at birth at Ormskirk General Hospital, part of Southport & Ormskirk Hospitals NHS Trust (now known as Mersey and West Lancashire Teaching Hospitals NHS Trust). She has asymmetric spastic quadriplegic cerebral palsy with physical, cognitive and learning difficulties.

Following the birth of twin 1, the obstetrician negligently ruptured the membranes of the sac for twin 2 when the baby's head was too high resulting in the cord prolapsing. The doctor should have increased syntocinon to promote recommencement of the contractions and to allow the baby's head to descend properly, which would have avoided the cord prolapse.

The error was compounded by failure to then correctly manage the prolapse by relieving pressure on the cord by pushing the baby's head back and re-positioning the mother, and by failing to swiftly delivery twin 2 by ventouse. Delivery was ultimately carried out by urgent forceps delivery, causing the twin severe haemorrhaging to the brain due to the trauma.

Following a formal letter of claim, the defendant Trust made a full admission of liability, accepting negligent management of the delivery which it confirmed caused her injury.

The twin now has physical difficulties, with impacted gait and balance and problems with upper limb function. She has cognitive impairments with executive functioning problems and will not be able to maintain paid employment in the future. She requires lifelong supervision and support, together with single storey accommodation and specialist therapies and aids and equipment to enhance her independence as far as possible. Since she lacks capacity, a financial deputy has also been appointed to manage her financial affairs as an adult. 

It was necessary to wait until the twin was old enough to properly assess her executive functioning. Meanwhile, judgment was entered and interim payments obtained to support ongoing rehabilitation, and therapeutic input. 

Negotiations were not successful in reaching conclusion due to an ongoing dispute over the level of life-long care required. However, the claimant's offer to settle was subsequently accepted by the defendant equating to a settlement equivalent to a lump sum of £20.3m.

Contact us

For further information about cerebral palsy claims and birth injury claims, please call Jenny Urwin on 03304606776 or email jenny.urwin@fieldfisher.com.

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