£28.89 million lifetime award in birth injury claim against Manchester University NHS Foundation Trust

At 33 weeks into her pregnancy, Omar's mother developed symptoms of pre-eclampsia, which were treated and then settled. A week later her condition suddenly deteriorated – she started to feel dizzy, had abdominal pain and could not feel her baby move as frequently,

She went to St Mary's Hospital at 7am and CTG monitoring of the fetal heartrate begun. However, it was not until 08.30 that a senior obstetrician was called to see her. At this point it was suspected that she had suffered a placental abruption, and an emergency caesarean section was carried out. 

Omar was delivered just after 9am in very poor condition. He had suffered from a period of hypoxia ischaemia because of the abruption of the placenta from the maternal uterine wall, which resulted in his brain damage.

He is now a teenager and requires assistance with all activities of daily life due to his neurological impairments.  He has diplegic cerebral palsy, mainly affecting his lower limbs, he finds walking difficulty and frequently falls.

Omar has cognitive impairment and learning difficulties and finds communication very difficult. He is aware that he is different from his peers, which he finds very distressing. He struggled in mainstream school but is now settling into a specialist school that is better equipped to meet his needs.

Even with extensive therapies and support he will receive, it is unlikely that Omar will achieve GCSE qualifications, live independently or manage his property and affairs.

Claire was instructed in a medical negligence claim against the Trust. The CTG scan carried out when Omar's mother first attended the hospital and her condition, suggested the risk of a placental abruption. If an emergency delivery had been commenced earlier Omar would have avoided all injury.

Manchester University NHS Foundation Trust admitted liability for the clinical negligence that caused Omar's brain injury.  Claire reached an agreement with the Trust's lawyers at a Joint Settlement Meeting and secured damages of £28.89 million.

Omar, who is a protected party represented by his mother in the claim, will receive £206,000 a year until he is 18 and then £345,000 for every year after. This is for his care, case management, loss of earnings and the cost of the Deputyship required to manage his affairs for the rest of his life.  

Additionally, a lump sum of £5.2 million, will be paid immediately on his behalf to be held by his Deputy, which will enable him to purchase suitable accommodation and pay for the therapies and equipment he requires. This will fund the around-the-clock care Omar needs and will help him to live a life that is as fulfilling and varied as possible.

The family said:

'Thank you so much for an excellent settlement: we now have peace of mind that our son's needs will be taken care of. So many times, we have not understood the complexities of the case, but you have always helped us understand. You are kind, humble, patient and brilliant and we feel really lucky that we had your legal knowledge and expertise for our representation.
Also please say a big thank you to Sally (Hatfield KC) who was so diligent: You both make a great team!'

 * Name changed

Contact us

For further information about birth injury claims and medical negligence claims, please call Claire Horton on 0330 460 6748 or email Claire.Horton@fieldfisher.com.

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