Wrongful birth claim against Salisbury NHS Foundation Trust

Alice and John* noticed that their young toddler Charlie* was not developing as other children do and were concerned that he often fell over and did not speak much. They were devasted when tests carried out when he was three revealed he has a rare chromosomal disorder.

Throughout Alice's pregnancy the couple were told that their baby was developing normally and both he and his mother were considered low risk. Contemporaneous messages sent by the couple show they agreed that if any of the antenatal tests had shown a genetic abnormality they would not continue with the pregnancy. 

Following a difficult birth, Alice spent much of Charlie's first few months in and out of hospital and often felt her concerns about his health were ignored.

Charlie, who is now ten, has a genetic abnormality that should have been detected during Alice's pregnancy. As a result, he lives with autism, severe learning difficulties, behaviour problems and poor co-ordination. He has atypical cerebral palsy, joint hypermobility, respiratory issues, seizures and premature greying of his hair.

The couple instructed Fieldfisher in a claim against Salisbury NHS Foundation Trust for the additional costs of raising a child with such disabilities, known as a wrongful birth claim. Alice and John also suffer from the grief and trauma associated with learning that the child they thought would live a healthy and happy life will always have health challenges.

If Alice had received proper care and treatment at the Trust, then Charlie's condition would have been detected and the couple would have been counselled for, and accepted, a termination.

Specifically, it was alleged that the sonographer during Alice's 12 week scan failed to measure the nuchal translucency at the widest point. If they had done so, an urgent referral to the fetal medicine unit would have been made.

Alice would then have been offered karyotyping, which she would have accepted and been recruited to the 'EACH' study at Southampton Hospital for array CHG testing. This would have confirmed Charlie's genetic abnormality, and his parents would have jointly decided to terminate the pregnancy.

Initially the Trust argued that at the time of Alice's pregnancy, the equipment used by the hospital was not sensitive enough to detect Charlie's abnormality. However, after exchange of witness statements, the Trust agreed to settle.

Fieldfisher took over the case from another law firm who had it for more than three years. After working roughly the same number of hours in just six months, Iona and Emma secured a significant settlement that will help Alice and John care for Charlie's complex needs and for him to live as happy and comfortable as possible.  

The couple said: "We cannot thank you enough for what you have done for us as a family. We appreciate absolutely everything, and we consider you dear friends. No amount of thank you's will ever be enough."

* Names changed

Contact us

For further information about wrongful birth claims or birth injury claims please call Iona Meeres-Young on 0330 460 6769 or email iona.meeres-young@fieldfisher.com, or call Emma Kendall on 0330 460 6755 or email emma.kendall@fieldfisher.com.

Alternatively

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