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If your baby has suffered a brain injury because of their delivery or resuscitation is delayed and as a result has been diagnosed with meconium aspiration syndrome, the child may be entitled to compensation.

Midwives and obstetricians must recognise and react quickly to signs, such as meconium, that the unborn baby is not getting enough oxygen during labour. The neonatal team must act quickly to clear the baby’s airway of meconium and restore the baby’s oxygen supply at birth.  Where the baby suffers a brain injury because their delivery or resuscitation are negligently delayed, the child may be entitled to compensation.

What is meconium?

Meconium is the medical name that is given to a newborn baby’s first faeces (poo). Meconium is dark green, thick, and sticky and contains the material that the fetus ingested in its mother’s womb. Once the baby starts feeding on colostrum and milk, its faeces become more yellow.

If breathed in, meconium can be a danger to the baby’s life and health, as it blocks the amount of oxygen they have access to. Midwives and obstetricians must react quickly to clear the baby’s airway and restore their oxygen supply at birth.

Starting your child's meconium aspiration syndrome claim

To help support the claim, we will obtain medical records, any investigation documentation and treatment protocols. We will then take a detailed witness statement from you and others as necessary, and instruct independent medical experts to consider the care you and your child received and the consequences for your child of the failings in their care.

The defendant may accept responsibility for your child's injury as a result of negligent care, and we may be able to negotiate the appropriate compensation award at this point.

If settlement is not achieved, we will start court proceedings and take the case towards trial, keeping the defendant under pressure to agree settlement of your child's claim. Over 95% of cases succeed without the need for trial, but every case is prepared on the basis that a judge will need to decide all the issues in the claim that the defendant has not admitted.

Why choose Boyes Turner?

Our cerebral palsy and neonatal brain injury lawyers recover compensation for children whose brain injury and disability were caused by mistakes or delays in maternity treatment or neonatal resuscitation.

  • We are nationally acclaimed medical negligence lawyers. We are recognised as leading clinical negligence experts by Chambers Directory and Legal 500.
  • Our award-winning solicitors are accredited for our expertise by the Law Society, AvMA and APIL. We secure maximum compensation settlements for our clients which make the best provision for their current and future needs.
  • We offer legal aid or ‘no-win-no-fee’ (CFA) funding for the claim, depending on what is best for the child. 
  • We have an extensive and highly experienced medical negligence team with proven skills to succeed in high value, complex claims involving catastrophic injury and severe disability.

Meconium aspiration syndrome (MAS) frequently asked questions

Why is the presence of meconium significant during labour and delivery?

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. 

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What happens when meconium is a sign of fetal distress?

If dark green or black, thick or lumpy meconium drains from the mother after her membranes are ruptured (waters broken) this should warn the midwives that the unborn baby might be suffering from distress. This means that the labour and delivery must be monitored and managed carefully to avoid injury to the baby.

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Can delayed action in response to meconium cause brain injury?

Delayed delivery of a baby who is suffering from hypoxia or lack of oxygen can cause permanent injury to their brain. Meconium is one of many warning signs which should alert midwives to the possibility that lack of oxygen is causing fetal distress.

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What injuries can be caused by meconium aspiration?

A baby who is suffering from respiratory distress as a result of meconium aspiration may show the following signs:

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What compensation can you claim for a child with a hypoxic brain injury?

The amount of compensation that can be claimed in a medical negligence claim for a hypoxic brain injury depends on the individual’s injury, its impact on their life and the cost of meeting the additional needs, losses and expenses that are caused by their disability.  

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Resources

Multi-million dollar settlement for a boy who suffered a hypoxic brain injury and cerebral palsy as a result of  negligent delays in his delivery. He was born with the umbilical cord around his neck, having inhaled grade III meconium. He needed resuscitation and ventilation. His compensation settlement reflected the cost of meeting his extensive needs in the country where he now lives.

£4.6 million plus lifelong payments of up to £360,000pa for a child who suffered a hypoxic brain injury and devastating disability as a result of mistakes in her mother’s maternity care. Signs of fetal distress, including a suspicious CTG trace and meconium, were ignored and fetal heart monitoring discontinued. There were negligent delays in delivery, resuscitation and ventilation.

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Meet your specialist team

Our specialist Meconium aspiration syndrome (MAS) team are considered leaders in the field and have a significant amount of expertise.
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Susan Brown

Partner

Julie Marsh headshot

Julie Marsh

Partner

Richard Money-Kyrle headshot

Richard Money-Kyrle

Partner

Sita Soni headshot

Sita Soni

Senior Associate - solicitor

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Vanessa Wand

Senior associate - solicitor

Rachel Makore headshot

Rachel Makore

Associate - solicitor

Tara Pileggi-Byrne photo

Tara Pileggi-Byrne

Associate - Solicitor

Alpa Rana headshot

Alpa Rana

Associate - solicitor

Fran Rothwell

Fran Rothwell

Associate solicitor

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Ben Ireland

Solicitor

Alice Carley headshot

Alice Carley

Paralegal

Audrey Elmore headshot

Audrey Elmore

Medical records coordinator

Nicky Melville headshot

Nicky Melville

Professional support assistant

Susan Brown photo
Julie Marsh headshot
Richard Money-Kyrle headshot
Sita Soni headshot
Vanessa Wand photo
Rachel Makore headshot
Tara Pileggi-Byrne photo
Alpa Rana headshot
Fran Rothwell
Ben Ireland headshot
Alice Carley headshot
Audrey Elmore headshot
Nicky Melville headshot

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Our medical negligence and personal injury teams have been nationally recognised for over 20 years because of their expertise, empathy and commitment to securing maximum compensation for our clients.

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What our clients say

"Amazing support"

Fran has been an amazing support through a very difficult time for me and my family. Always available to speak and kept me in the loop with anything happening, she has been so kind, and I thank her so much for helping and getting my mum the justice she deserved.

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What has to be some of the most testing horrible times was dealt with in a dignified, honest, approachable and truly empathetic manner. I could not begin to do Susan justice for her handling of our case.

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I approached Boyes Turner after my claim was turned down by one of the Medical Negligence Claim company. My wife was a victim of medical negligence.

Boyes Turner have acted so efficiently on our behalf and was able to win our case. Anytime we contact them, their customer service was very good as they kept us fully informed of every level our case has developed. They are very friendly and approachable and great in their professional advise. I would strongly recommend anyone approach them for their legal and medical negligence services.

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I came to Boyes Turner desperate after searching the web for a firm to use for my sons case. He was only a few months so my mind was all over the place, but from the very first point of contact I felt a sense of relieve and belonging. I was welcomed and looked after by amazing staff who always communicated everything so well and went the extra mile to explain things and ensure I understood what was happening every step of the way (THANK YOU SUSAN BROWN). Susan was amazing I felt like I not only had a solicitor but someone who understood my emotions as a mother and always handled me with so much compassion and that was all I needed to keep me going for the 6 years of the case. Years went by in a breeze because of how professional Boyes Turner was. I am so greatful I went through it all with them and mananged to get my son a good compensation. We look forward our new life where my sons needs are priority after struggling for so long. Thank you Boyes Turner and thank you Susan Brown. My family and I are ever indebted.

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