Hard-fought liability settlement in birth injury claim against Northampton General Hospital
Caron Heyes was instructed by the family of Janie, who suffered severe brain damage during her birth at Northampton General Hospital because of an acute profound hypoxic ischaemic injury to her brain. She developed a mixed form of quadriplegic cerebral palsy predominantly dystonic, with accompanying spasticity, mainly affecting her legs.
We argued that CTG monitoring was negligently misinterpreted by the midwife, who did not recognise fetal heart abnormalities and so negligently failed to call for a senior obstetrician review of Janie's mother. Had an obstetrician been called, they would have recognised the urgency of the situation. At that point, the baby's head was far enough descended to warrant an urgent instrumental delivery, but this never happened.
Instead, labour was allowed to continue with no intervention and Janie was born in poor condition by spontaneous vaginal delivery. The umbilical cord was tightly wrapped around her neck twice and we argued this was the cause of the fetal abnormalities seen on the CTGs.
We also argued that the cord around her neck caused the acute profound hypoxic ischaemic insult which damaged Janie's brain. Earlier delivery would have meant that period of acute hypoxic ischaemia would have been shorter and non-damaging and Janie would have avoided brain injury.
Unfortunately, the defendant contested the claim, arguing that the CTGs were not showing significant fetal distress for an obstetrician, had they been called, to have ordered urgent delivery. It also argued very strongly that there was no evidence of a damaging period of acute profound hypoxic ischaemia having occurred, and, if there was any hypoxia, it was not damaging. Instead, they argued Janie's injuries occurred before she even arrived at the hospital.
Both breach of duty and causation were in issue in this case which was due to have a preliminary issue trial of liability hearing in November 2025. The Hospital Trust strongly defended the claim up to eight weeks before trial when we settled liability at a round table settlement meeting.
During the litigation, we had successfully argued that some of the defendant's witness evidence could not be admitted for technical reasons, which helped push them to review their original position that they were not open to negotiation of a settlement. After we agreed a liability settlement with the defendant, allowing a liability discount, the settlement was approved by the court along with a substantial interim payment. The quantum case proceeds to trial to assess quantum.
Janie's parents and her care manager are using the interim payment to fund private clinical treatment, educational support, carers and the purchase of therapy and equipment for her. We are also looking for new accommodation since her current home is too small to meet her needs, whilst also making some adaptations to the current home to make it more suitable for Janie's short-term needs. Her parents want to appoint a health and welfare Deputy as well as a financial affairs Deputy and both applications to the Court of protection are proceedings.
Janie needs a lot of support to enjoy her life to the full; she has insight into how her injuries limit her ability and is easily unsettled by change and needs 3-to-1 care. The focus now and in the future is on getting her a stable and supportive care and therapeutic package, and ensure she has the right clinicians providing her with medical care, whilst giving her parents respite from providing 24/7 care.
Janie's parents said:
'Caron Heyes and her team provided exceptional legal representation throughout our extremely challenging case. When our daughter Janie suffered severe brain damage during birth due to medical negligence at Northampton General Hospital, we felt overwhelmed and didn't know where to turn. From the outset, Caron demonstrated not only deep expertise in medical negligence law but also genuine compassion for our family's situation. She meticulously analysed complex medical evidence, including CTG monitoring records. She built a compelling case that the hospital's failure to recognise fetal distress and call for urgent intervention directly caused Janie's life-changing injuries. What impressed us most was Caron's tenacity when the hospital initially contested our claim.
'Throughout this difficult journey, Caron kept us informed, fought tirelessly for Janie's rights, and never lost sight of what matters most - ensuring our daughter has the support she needs to live her life to the fullest. We cannot recommend her highly enough to families facing similar challenge.
'The liability settlement Caron secured has been transformative for our family. The substantial interim payment is already funding Janie's private clinical treatment, educational support, specialised care, and essential equipment.'
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.
Alternatively
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