£9.5million in VBAC birth injury claim

Tara*, who is now four, has cerebral palsy with dystonic episodes, epilepsy, microcephaly, and a global developmental delay, and requires ongoing care.

Her mother Mary* had an emergency caesarean section to deliver her first child, a healthy boy, which took longer than expected to recover from. When she became pregnant with Tara it was decided by maternity staff that a vaginal delivery after caesarean (VBAC) would be safe. Mary was not properly advised of the risks for mother and baby associated with a VBAC delivery.

She passed her due date, and the hospital instructed Mary to come in for an induction. Prostin gel was administered to induce labour, and she started to experience period cramp like pains, but was reassured that this was normal.

The waves of pain continued and became more intense, but as she was not dilating midwives administered a second dose of Prostin gel. This caused such severe abdominal pain that she was screaming out in distress and could not be monitored by CTG.

Following transfer to the labour ward, Mary was found to have a uterine rupture and injury to her bladder, which had resulted in significant blood loss. Tara had come out of the womb and was delivered in poor condition by emergency caesarean.

When Mary woke up in intensive care, she was told that her baby had been transferred to University Hospital Coventry & Warwickshire to receive brain cooling. An MRI confirmed severe brain injury from acute profound hypoxia.

The Trust admitted liability and accepted that Mary was not properly advised about the risks of undergoing VBAC with an induction of labour and that, had she had a caesarean, the uterine rupture and brain injury would have been avoided. Mary said she would have refused a VBAC and opted for an elective caesarean if she was aware of all the risks.

A serious incident review investigation carried out after Tara's birth concluded: “There was a failure to follow the guidelines for vaginal delivery following caesarean section."

At a meeting with the Trust, Mary was told she should have been seen by a doctor at various times throughout her labour when she was not. The Trust accepted a breach of duty in her care.

Mary is heartbroken to have carried her healthy baby to term only for the birth to cause devastating injury. She is now a single mother and although she is supported by her close-knit family, struggles with caring for Tara's complex needs.

Tara's difficulties are lifelong. She will require the ongoing input of a multidisciplinary team for all including Physiotherapy, Occupational Therapy, Speech and Language Therapy, and management of her muscle tone and epilepsy throughout her life. She will be reliant on carers for all her daily activities including bathing, dressing, and feeding.

The family are part of the traveller community, and it has been difficult for Mary to accept that aspects of her culture, such as moving around, are no longer possible with a severely disabled child. During the claims process Jane fought for and secured interim funding for a static caravan with sensory room and hoisting as a short-term solution to accommodation.

The High Court approved a settlement sum of £9.5million, which means the family can now move to specially adapted permanent accommodation that will allow Tara to live as comfortably as possible. At the Approval hearing the Honourable Mrs Justice Lambert paid tribute to Mary and the exceptional care she has provided. She said while the award could not turn back the clock, she hoped it would make life a little easier.

Mary said: "Thank you so much to Fieldfisher and the most amazing team of people who have helped me and my daughter every step of the way. Jane Weakley and Libby Ferrier have been fantastic from start to finish. They have been very considerate, and nothing has been too much trouble. What they have achieved for my daughter's future is outstanding and I can't thank them enough."

*Names changed

Contact us

For further information about birth injury claims and medical negligence claims, please call Jane Weakley on 0330 460 6773 or email jane.weakley@fieldfisher.com.

Alternatively

• You can speak to our medical negligence solicitors on freephone 0800 358 3848
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All enquiries are completely free of charge and we will investigate all funding options for you including no win, no fee. Find out more about no win no fee claims.