Stockport hospital trust admits anomaly measurement errors in wrongful birth claim
Claire Horton has reached a liability settlement in a wrongful birth claim after Stockport NHS Trust failed to detect that a baby was at high risk of having Downs Syndrome.
Mary*, was under the care of Stepping Hill Hospital in Stockport when pregnant with her first child and was told at all her scans that her baby was healthy and developing as expected.
It wasn't until after she gave birth to her daughter, Jess*, that Mary and her partner were alerted by concerned hospital staff that she appeared to have Down's Syndrome. The couple were devastated and grieved for the healthy baby they felt they had lost.
They discovered that at the 20 week anomaly scan, hospital staff had failed to correctly measure a ventricle in the baby's brain that, if enlarged, is a signifier of chromosomal abnormalities.
It revealed that the Trust was using an incorrect protocol for anomaly measurements possibly also in place at other hospitals across the region.
Mary was falsely told that her baby was not at high risk of having Down Syndrome, so she was not referred for any further screening or offered a termination. Had she known the risks, she would not have continued with the pregnancy.
Jess suffers from global developmental delay, hyper mobility and hypotonia. Her speech was delayed, she tires easily while walking and suffers from very painful rheumatoid arthritis, the treatment of which has reduced her immunity.
She will never live independently and will rely on her mother financially and for her other needs for the rest of Mary's life. As a disabled child, Jess's care is complex and she requires occupational, physiotherapy, psychological and speech and language therapies and specialised equipment, including assistive technology.
Mary instructed Claire to make a claim on the basis that if the hospital had not been negligent then Jess would not have been born and she, as her mother, would have avoided personal and psychological injury, loss and damage.
After lengthy negotiations – during which the Trust made an inadequate financial offer - Claire has secured a liability settlement. The Trust has accepted liability of 49% and the case will now proceed to the next stage where the value of the claim is agreed.
*Names have been changed
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