Meconium can be a sign of fetal distress during labour. It can also obstruct the baby’s airway if it is inhaled (aspirated) before or during delivery, preventing the newborn baby from breathing. Midwives and doctors must recognise and react quickly to meconium and other signs that the unborn baby is lacking oxygen during labour. At birth, the neonatal team must act quickly to clear the baby’s airway of meconium and restore the baby’s ability to breathe in oxygen.
If a baby suffers a hypoxic brain injury (HIE) because their delivery is delayed after signs of fetal distress in labour or delays in clearing meconium from their airways and resuscitation after birth, they may be able to claim compensation.
If you have been contacted by NHS Resolution or MNSI after the birth of your baby, we strongly recommend that you contact us for free, confidential advice straight away. HIE birth injury claims must be handled by claimant specialist solicitors to protect the child’s full entitlement to compensation.
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For more than 30 years, Boyes Turner's birth injury solicitors have guided injured patients and their families through the claims process to secure the compensation and specialist support that they need to manage their child’s disability and rebuild their lives.
You can contact us by telephone or by email for free, confidential advice from a medical negligence solicitor. We will ask you to tell us briefly about your child’s birth and their injury, and advise you about whether we can help you begin your claim and any time limits that apply. Your solicitor will discuss with you how your claim will be funded and advise how that works and what it will mean for you. We offer a range of funding options, but most of our clients’ claims are handled on a ‘no win no fee’ basis.
Once we have gathered the necessary evidence for your claim to proceed, we will notify the healthcare provider (usually represented by NHS Resolution) of your claim. We aim to make NHS Resolution accept full responsibility for your child’s injury as quickly as possible, so that we can obtain interim payments to help your family move to more suitable accommodation or adapt your home, and pay for the care, therapies and educational support that your child needs.
If the healthcare provider or their legal representatives at NHS Resolution deny liability, we will advise you about the best way to proceed with your claim. This may involve issuing court proceedings or inviting NHS Resolution to enter into settlement negotiations or mediation.
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Meconium is the medical name for a newborn baby’s first faeces (poo). Meconium is dark green, thick and sticky and contains the material that the unborn baby ingested in their mother’s womb. Once the baby starts feeding on colostrum and milk, their faeces become more yellow.
It is normal for a baby to pass dark green, sticky meconium in the hours immediately after birth. It is also common for the amniotic fluid, which drains from the mother in labour after her waters break, to be discoloured or ‘stained’ with meconium.
During labour and delivery, if the amniotic fluid contains significant meconium this can also indicate ‘fetal distress’. This is because when a fetus (unborn baby) is not getting enough oxygen their intestinal activity increases. This relaxes the anal sphincter allowing meconium to pass into the amniotic fluid that surrounds the baby.
If the baby inhales or ‘aspirates’ meconium into their lungs, such as by gasping for oxygen, their airway can become blocked by sticky or lumpy meconium
Meconium aspiration syndrome (MAS) occurs when a baby inhales (or aspirates) meconium which has been passed into the amniotic fluid which surrounds them during labour and birth. The sticky or lumpy meconium can block the newborn baby’s airway, making it difficult for them to breathe oxygen.
If the meconium is not cleared quickly from the baby’s trachea (windpipe) and lungs, it can result in respiratory distress, causing (or increasing an existing episode of) oxygen deprivation, leading to HIE brain injury or the baby’s death.
A baby who is suffering from respiratory distress as a result of meconium aspiration may show the following signs:
Meconium can be a sign of fetal distress. If dark green or black, thick or lumpy meconium drains from the mother after her waters are broken in labour this should warn the midwives that the unborn baby might be suffering from distress.
When there are signs of fetal distress, such as meconium, the labour and delivery must be monitored and managed carefully to avoid injury to the baby.
In these circumstances, correct care should usually include:
Preparations should also be made for the birth of a baby who might have aspirated meconium, to avoid delay in restoring the baby’s oxygen supply. This includes warning the neonatal unit paediatricians that a baby with possible meconium aspiration is about to be born. The paediatricians should attend the delivery, fully equipped and ready if needed to clear the baby’s airway and lungs and provide resuscitation or ventilation.
Meconium can cause hypoxic brain injury (HIE) by blocking the newborn baby’s airway and making it difficult for them to breathe in oxygen at birth.
Meconium is also one of many warning signs during labour and delivery which should alert midwives to the possibility that lack of oxygen is causing fetal distress.
Acute hypoxia, a short but profound period of oxygen starvation during labour and birth, can permanently damage a baby’s brain in a matter of minutes. Any delays in delivery of a baby who is suffering from lack of oxygen (hypoxia) can result in permanent injury to their brain.
Delayed action to clear meconium from the baby’s airway (to allow them to breathe) or to provide resuscitation immediately after birth can extend the length of time that the baby is without oxygen. In some cases, this additional delay in restoring the baby’s oxygen supply after birth can turn a reversible episode of hypoxia into irreversible brain injury and permanent disability, or death.
Severe meconium aspiration after delays in delivering the baby, clearing the airway and resuscitating the newborn baby at birth, can lead to permanent disability from:
The amount of compensation that can be claimed after meconium aspiration causes HIE birth injury depends on the child’s disability, its impact on their life and the cost of meeting the additional needs, losses and expenses that are caused by their disability.
Claims arising from meconium aspiration and HIE brain injury or cerebral palsy, may include compensation for:
Our client families share their experiences of how they were left feeling guilty and responsible for the devastating injuries caused to their child, and how we helped them obtain the acknowledgement and compensation they needed to move forward and begin rebuilding their lives.
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In what can only be described as a stressful process dealing with Birth Negligence for your child, Boyes Turner, specifically Richard Money Kyrle and Tara Byrne made the process as smooth, efficient, and with a high level of understanding and empathy as possible. Each part of the process was explained clearly in layman's terms so I had a clear idea of what to expect and also a timeline of how long each process would take. Both Richard and Tara were always an email or phone call away and having to divulge such past traumatic events was done with the utmost respect and empathy. My son's case has now settled and thanks to all the hard work and fighting for justice we are able to move towards a bright future.
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