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Written by Richard Money-Kyrle

Boyes Turner’s birth injury lawyers obtained a £7.49 million (equivalent) settlement for a child whose severe four-limb dystonic cerebral palsy was caused by negligent delays in her delivery. She has significantly impaired movement, double incontinence and is fed by gastrotomy. She will be totally dependent on others for all her needs throughout her shortened life.

Her mother was admitted to hospital in labour after her waters broke the previous night. Whilst in hospital, her unborn baby’s heart rate (FHR) was monitored continuously by CTG, which was categorised as ‘suspicious’ for three hours after a prolonged deceleration (dip) was noted in the FHR. By the second (pushing) stage of labour, the CTG trace was showing more dangerous FHR abnormalities with a ‘pathological’ CTG pattern indicating fetal distress. An obstetric registrar (doctor) was called to review the CTG trace but allowed the labour to continue instead of taking emergency action to deliver the baby.  The doctor continued to defer taking action for a further hour and a half, despite warning signs on the pathological CTG trace throughout the second stage of labour.  The baby was finally delivered by emergency caesarean when the FHR dropped to a dangerously low bradycardia (indicating terminal decline as the baby’s brain is permanently damaged).  She had suffered an acute period of profound hypoxic ischaemia in the minutes immediately before her birth, which damaged her brain and left her permanently disabled. Her disability would have been avoided if she had been delivered ten minutes earlier.

We pursued the claim and secured judgment and interim payments of more than £2 million which provided care, equipment, therapies and adapted accommodation for our client until she was old enough for her long-term needs to be accurately assessed. The final settlement provides her with a £4.3m lump sum and annual payments (PPOs) rising with age to £200,000pa to cover the costs of care and case management.

Read more about this case and others on our specialist cerebral palsy website here.

If you are caring for a child or young adult with cerebral palsy or neurological injury and would like to find out more about how we can help you make a medical negligence claim, you can talk to one of our specialist solicitors, free and confidentially, by contacting us at