Judgment entered for infant in catastrophic birth injury claim

Eleanor was born healthy and in perfect condition, but due to a difficult delivery, the hospital and national neonatal guidelines required that she should have additional observations.

During her mother's recovery on the postnatal ward, a midwife failed to act on clear signs that Eleanor was not well, grunting, poor circulation with her skin turning blue around her mouth (known as cyanosis). Her parents reported that she was not latching on and snoring and then thought she had fallen into a deep sleep. In fact, she had suffered an acute collapse. As soon as her parents realised she had stopped breathing, they summoned help and efforts were made to resuscitate Eleanor.

Prior to her collapse, the midwife failed to arrange a medical review for Eleanor or transfer to the neonatal unit, despite clear evidence of her deteriorating condition. Had she done so, Eleanor would have received urgent treatment and avoided her very severe disabilities.

Eleanor suffered an acute profound hypoxic ischaemic insult to the brain (HIE) which has left her with spastic quadriplegia, gastro-oesophageal reflux disease (GORD), cortical blindness and cognitive impairment. She will be dependent on others for the rest of her life for all aspects of daily living.

As proud first-time parents, Eleanor's mum and dad had recorded videos and photographs of their newborn daughter to send to friends and family. These clearly show her deterioration. Minutes after birth she is seen looking pink and healthy but around 90 minutes later her skin had turned blue, and she can be heard grunting. This was crucial evidence, providing a clear timeline for Eleanor's deterioration.

In the absence of any other cause being found, Eleanor's sudden unexpected postnatal collapse (SUPC) was most likely due to pulmonary hypertension.  Treated promptly, all of Eleanor's injuries would have been avoided.

After disclosing the photographic and video evidence, the hospital made a full admission of liability and apologised to Eleanor' family for the serious failings in her care. Lindsay has issued proceedings, entered Judgment, and secured a substantial interim payment for Eleanor, which has already been utilised to pay for her case management, care, aids, and therapy before quantum negotiations begin.

The Trust's representative said: "The Trust sincerely and unreservedly apologises that the care Eleanor received during the neonatal period was not of the standard expected and that the failures ... occurred. The Trust will not dispute liability and Eleanor is entitled to compensation for the injury that she has suffered as a consequence of the failure to recognise the signs that she was in respiratory distress."

On hearing that Judgment and the interim payment were agreed, Eleanor's mother said:

"The relief we feel this morning is overwhelming, while full of sadness… so actually it feels like something positive as it opens up worlds of support we currently don't have the funds to access.

"Can I thank you again for being so wonderful, emotionally sensitive, incredibly efficient and just downright brilliant at your job. I am so grateful we contacted you.

"Understanding what happened has also been so important for our mental health and this process has enabled that, as well as being successful in the claim."

* Name changed

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For further information about cerebral palsy claims and birth injury claims, please call Lindsay Holt on 03304606789 or email lindsay.holt@fieldfisher.com.
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