Helen Thompson settled a claim on behalf of Ms L for failings in antenatal care at St Helier Hospital which resulted in the stillbirth of her first child at 34 weeks gestation.
During her pregnancy, at the 20-week scan, Ms L was advised that the baby had only a two-vessel umbilical cord (a normal cord has three) with a high pressure of blood flow. This condition can cause increased risks to the mother of developing pre-eclampsia and growth restriction of the baby. As a result, there was to be increased monitoring of the baby during pregnancy.
At 32 weeks gestation, a scan confirmed that the baby's weight had dropped from around the 34th centile to the 6th centile and the baby was growth restricted. A plan was made for closer monitoring including twice weekly CTG monitoring of the fetal heart rate and further growth scans. Ms L was also to have a course of steroids to help mature the fetal lungs in case early delivery was required. Care was to continue under the Fetal Medicine team.
Ms L continued to attend twice a week for monitoring of her baby. At 33 weeks the course of steroids was given. At 33+3 weeks, CTG monitoring of the fetal heart showed abnormalities which then resolved. On the same day, Ms L was seen by the Fetal Medicine team and reassurance was given. Further CTG monitoring of the fetal heart rate performed after the appointment still did not meet the required criteria but no further action was taken.
At around 33+3 weeks Ms L also started to report that the baby was not moving as much and the movements were much slower than they had been earlier in her pregnancy. She was reassured by midwives that the baby was bigger and could not move as easily.
At 34 weeks gestation, there was further CTG monitoring of the fetal heart rate. Ms L again reported that the baby was not moving as much and that she was worried. The CTG criteria was not met after 1 hour of monitoring the fetal heart rate. The Fetal Medicine Consultant took no further action and advised that Ms L should go home as she was to have further monitoring of the baby the following day.
At 34+1 weeks gestation, Ms L attended again for CTG monitoring of the fetal heart rate. Again, she reported that the baby was not moving as much and that she was extremely worried. However, Ms L was again sent home. She was due to return to the hospital the following day for monitoring.
The following day, at 34+2 weeks gestation, Ms L developed significant abdominal pain. She attended her appointment for CTG monitoring of the fetal heart. Placental abruption was suspected. A scan was carried out but there was no fetal heartbeat detected and an intrauterine death was confirmed. Ms L requested a Caesarean section to deliver her baby but this was refused. Induction of labour was commenced the same day and she delivered her stillborn child in a breech presentation.
As a result of the intrauterine death and stillbirth of her child, Ms L suffered moderate to severe Post Traumatic Stress Syndrome.
The hospital Trust carried out an internal investigation and it was concluded that delivery of Ms L's baby should have taken place by 34+1 weeks gestation and that with appropriate care, the stillbirth could have been avoided.
However, a Letter of Claim was served on the Trust and in the Letter of Response, a full denial of liability was made. Following discussions with the defendant's representatives, Helen negotiated a six-figure settlement with the Trust.
At the conclusion of her claim, Ms L said;
'Helen has been incredibly supportive and helpful throughout our case. She has shown great patience, empathy, and understanding during this difficult time in our lives. Helen has handled our case with professionalism and confidence, and we are very grateful for her support.'
Contact us
For further information about stillbirth claims and birth injury claims, please call Helen Thompson on 03304606765 or email helen.thompson@fieldfisher.com.
Alternatively
- You can speak to our medical negligence solicitors on freephone 0800 358 3848
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