Adrian Desmond secures Judgment against hospital in dystonic cerebral palsy case
Specialist cerebral palsy lawyer Adrian Desmond from Reading based law firm Boyes Turner acted for a boy who was delivered at a Hospital on the Isle of Wight in 2004. He suffers from dystonic cerebral palsy primarily by way of movement difficulties in the form of a 4-limb dystonia. It was alleged that this resulted from profound hypoxic ischaemia in the run-up to his delivery and that this injury was suffered as a result of the negligence of the doctors and midwives before his delivery.
It was alleged that there was inadequate CTG monitoring whilst he was in the uterus; that the labour should not have been augmented with Syntocinon; that there was a delay in undertaking a medical review and a resulting delay in making the decision to deliver him which, when taken, should have been accomplished much quicker.
The result was that he was born in very poor condition with a very low heartrate and a marked metabolic acidosis.
Adrian Desmond established negligence with the assistance of obstetric and midwifery expert evidence and then established that that negligence had caused the boy's injury with expert evidence from a Professor of Neonatology, a Paediatric Neurologist and a Neuroradiologist.
The case was handled with the benefit of legal aid throughout.
A formal Letter of Claim was written to the Hospital in October 2008 following the granting of legal aid in 2006. When the Letter of Claim failed to meet with an appropriate response from the Hospital formal High Court proceedings were commenced in October 2009 and Judgment entered against the Hospital in March 2010.
The case will now be adjourned until the boy is old enough for his future to be predicted. In the meantime interim compensation payments will ensure that his special needs can be met immediately.
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