Lifelong settlement for twin living with cerebral palsy following birth at Northwick Park Hospital
Jane Weakley and Libby Ferrier settled a claim on behalf of a young woman, now 21 years old, who suffered a brain injury immediately after her birth at Northwick Park Hospital. She was the first of twins delivered at 27+ 4 weeks. Her twin brother has developed with no disabilities.
The mother went to hospital at 26+6 weeks gestation with a history of recurrent vaginal bleeding. This was a high-risk twin pregnancy via IVF, with the likelihood of early delivery, particularly following intermittent bleeding and the mother's history of miscarriage at 21 weeks.
The case was that with competent care, she should have been prescribed steroids to protect the baby's lungs.
Royal College of Gynaecology guidance recommends that 'every effort should be made to begin antenatal corticosteroid treatment in women between 24- 36 gestation with threatened preterm labour'.
Once instructed, Jane issued a claim against the London North-West Healthcare NHS Trust which admitted that the mother should have been offered prophylactic antenatal corticosteroids (PANC) and not to do was a breach of duty, and that had she been offered them, the mother would have taken them.
Following her premature delivery, the claimant experienced respiratory problems and was machine ventilated. She developed periventricular leukomalacia (PVL) which resulted in her brain injury that caused cerebral palsy. She is only able to walk short distances and suffers with physical and cognitive fatigue.
The case was that had she avoided the need for mechanical ventilation, she would on the balance of probabilities avoided suffering PVL.
The hospital trust denied causation however, arguing that the claimant did not suffer significant respiratory distress syndrome (RDS). Her chest X-ray was normal/near normal, her blood gases were normal, and she was ventilated on air throughout. There were no apparent periods of hyperventilation or hypoventilation or hypotension and no evidence of sepsis to account for the development of PVL.
The trust also alleged that the IVH (Intraventricular haemorrhage) the Claimant suffered did not cause her cerebral palsy.
In summary, the defence was that even if the mother had taken the steroids, the claimant would have developed cerebral palsy in any event.
However, despite the Trust's denial Jane and Libby negotiated a capitalised sum of more than £12m, equal to 65% recovery of damages.
The payment will support the woman for life, providing much needed care and therapies and adapted accommodation. She is a protected party and will need support for life.
Settlement was approved by the court this week, following which the family said:
'We cannot thank Jane Weakley and Libby Ferrier enough for their incredible support and dedication throughout our daughter's medical negligence claim.
They have shown not only exceptional legal expertise but also genuine compassion and understanding for the emotional weight our family was carrying.
Their attention to detail and commitment to securing the best possible outcome for our child was truly reassuring.
Thanks to their tireless work, we were able to achieve a result that will make a real difference in our child’s future.
We wholeheartedly recommend Jane and Libby of Fieldfisher to any parent facing the heartbreak of a medical injury. You will be in safe, compassionate, and highly capable hands.'
Contact us
For further information about cerebral palsy claims or birth injury claims please call Jane Weakley on 0330 460 6773 or email jane.weakley@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
- Complete the short online enquiry form
All enquiries are completely free of charge and we will investigate all funding options for you including no win no fee.
