Liability resolved in birth injury claim against Bart's Health Trust involving kernicterus

Kernicterus is caused by a build-up of bilirubin in the blood in babies, causing jaundice. Untreated, it can have irreversible and catastrophic consequences. Statistically, Asian babies are more vulnerable to jaundice.

Zeb was born at the Royal London Hospital. He was particularly vulnerable to jaundice because of his low birth weight, prematurity (35 weeks gestation), feeding difficulties and ethnicity.

He was being prepared for discharge home with his parents when he became increasing yellow. Clinicians failed to notice and he was sent home without being checked and without his parents understanding the signs or dangers of neonatal jaundice. 

Over the following day, he became drowsy, lethargic and fed poorly. He continued to lose weight. Zeb's mother phoned the Trust's breastfeeding service a day later and was reassured and not advised to bring Zeb back to the hospital for investigation.

The next day, his parents took him to the emergency department by which time he was in critical condition. He had severe hyperbilirubinemia that caused a catastrophic injury to his brain. The injury caused the development of dyskinetic, tetraplegic cerebral palsy and auditory neuropathy spectrum disorder with reduced hearing.

Iona instructed experts in midwifery, neonatal medicine and paediatric neurology. Based on their evidence, we alleged there was:

• Failure by the midwifery and neonatal team to keep Zeb in hospital.
• Failure to advise his mother properly about the risks of jaundice, particularly for a premature baby intended to be breastfed.
• Failure of the breast-feeding service to advise Zeb's mother to bring him in for investigation.
• Delay in commencing phototherapy and exchange blood transfusion when he was finally admitted to hospital.

Following exchange of factual and expert evidence, liability was resolved with the Trust.

We will now investigate the value of Zeb's claim to ensure he will have adequate support for life. Interim funds have provided a multidisciplinary therapeutic team to provide support for Zeb at school, a care package and to move Zeb and his family into suitable accommodation.

These funds are managed by Fieldfisher's Court of Protection team since Zeb lacks capacity.

Fieldfisher instructs Henry Witcomb KC of One Crown Office Row Chambers.

On resolution of liability, Zeb's father said

"I want to express my deepest appreciation for the outstanding work you did in successfully representing my son in his medical negligence claim.

"From our very first meeting, your compassion, professionalism, and commitment to justice were clear. What stood out most was your dedication through every challenge, especially during the height of the pandemic.

"You worked tirelessly, kept us informed, and continued to offer reassurance and support when it was needed most. You showed a remarkable understanding of the emotional and practical challenges we faced, and your unwavering support gave us comfort in what was a very difficult time for our family.

"Your hard work and determination have brought about a result that means so much to us. More than just a legal victory, it’s a recognition of what my son went through and a step toward a more secure future for him. We are incredibly grateful for the care and respect you showed us every step of the way.

"We are truly grateful. We could not have asked for a better advocate."

Contact us

For further information about cerebral palsy claims or birth injury claims please call Iona Meeres-Young on 0330 460 6769 or email iona.meeres-young@fieldfisher.com or call Libby Ferrier on 0330 460 7178 or email libby.ferrier@fieldfisher.com.

Alternatively

• You can speak to our medical negligence solicitors on freephone 0800 358 3848
• email us: personalinjury@fieldfisher.com
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