95% settlement achieved for severely injured newborn at Northampton General Hospital
Caron Heyes and Louise Astill were instructed to bring a clinical negligence claim on behalf of ZA, born in 2018 at the Defendant’s Northampton General Hospital. ZA was severely injured during her birth because of delays by the maternity and obstetric team in recognising firstly the significance of reduced fetal movements reported by her mother, and then signs of fetal distress.
By the time ZA was delivered by caesarean section, she was in very poor condition. She suffered a severe brain injury caused by a relatively short period of acute profound hypoxia ischaemia.
The case was first investigated by the Trust and NHS RESOLUTION under the Early Notification Scheme. Despite accepting failings in the care provided, NHS RESOLUTION never responded under the Scheme. We provided our allegations of negligence to the Trust's lawyers and, after they had not responded for more than 15 months, began court proceedings to try to progress the case.
More delays followed, until a defence was served at the start of 2023. In it, the Trust agreed that ZA should have been delivered earlier than she was, but there was dispute as to how much earlier. The Defendant argued that delivery was not possible earlier as there was no theatre space available.
They also argued that earlier delivery would have made no difference to the outcome. Our case was that cord occlusion shortly before delivery caused the ischaemia and would have been avoided by earlier delivery. The Defendant argued that the injury was due to the caesarean section procedure and spinal anaesthesia and would have happened even if delivery had been earlier.
After exchange of expert evidence, the Defendant sought a settlement meeting. We refused because we wanted the experts to discuss their positions in an expert meeting to narrow issues between the parties and to test the Defendant's position, which we considered had weaknesses.
The Defendant then made an offer to settle liability issues at 95% which was accepted.
We can now assess the valuation of the claim for ZA and have put in place a case manager. We are sourcing a commercial care package, therapists and other support to improve ZA's development.
At the approval hearing at the High Court, Fieldfisher was praised for our handling of the litigation. ZA's parents added:
“As a young couple starting a family, we put our trust in the ‘professionals’ of Northampton General Hospital, to look after us throughout the pregnancy, until delivery of the birth of our child.
'Not only has Northampton General Hospital destroyed the future we once envisaged, but it has broken the little trust we had of the once amazing NHS. No parent should ever have to hear that their baby will not survive the night or be severely disabled for the rest of their life, especially at the negligence of doctors, nurses and midwives who train for years to work in their profession.
'Our child will never walk, never sit up, never say the words ‘mummy’ or ‘daddy’, and never lead a normal life. Our child will never be independent and never have a family of their own. The trauma and absolutely torture that Northampton General Hospital have put our family through will never be forgiven.
'The hard work of Fieldfisher, our experts and all that have had input to our case will mean that the trust will at least provide the funds to ensure that our child is looked after for the rest of her life.
'We want to particularly thank Caron Heyes and Louise Astill for all their hard work, expertise, and dedication to our case. Caron has been working with us for almost six years and has been wonderfully brilliant with us as a family, relentless in pursuing this 95% settlement with NGH and has been dedicated to getting us this result which will change our child’s future, to make sure she is looked after for her life.
'Louise… has been supportive, courteous, and knowledgeable assisting Caron with our case. They have been an amazing team and who knows where we would be without them both. Thank you.'
Contact us
For further information about birth injury claims or medical negligence claims please call Caron Heyes on 03304606743 or email caron.heyes@fieldfisher.com or please call Louise Astill on 03304606147 or email Louise.Astill@fieldfisher.com
Alternatively
- You can speak to our medical negligence lawyers on freephone 0800 358 3848
- email us: personalinjury@fieldfisher.com
- Complete the short online enquiry form
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