Boyes Turner’s birth injury solicitors secured an £18.7 million* compensation settlement in an HIE birth injury claim for a teenager with cerebral palsy, epilepsy and functional neurological disorder (FND). We obtained an early admission of liability and judgment for our client in his infancy. The case was then stayed until he had developed sufficiently for his future disability and lifelong needs to be more accurately predicted. In the meantime, we provided for his ongoing needs arising from his disability with interim payments exceeding £1.37 million. Delayed delivery following uterine hyperstimulation during induction of labour Our client’s mother was admitted to hospital for induction of labour at 37 weeks of pregnancy. She was suffering from hydronephrosis (swelling of the kidney from obstructed urine flow from kidney to bladder) in her only kidney, but scans showed that her unborn baby’s growth, presentation and surrounding amniotic fluid (waters) were normal. A Propess pessary was administered to induce labour and she started having contractions the same day. Further pessaries were administered over the next two days. On the morning of the fourth day, she was given a further pessary and raised her concerns with her doctors about the lack of further action to speed up her labour, but her management plan was not changed. By that afternoon her blood tests showed that her renal (kidney) function was deteriorating. The labour was not progressing and her membranes were still intact. Later that evening the CTG trace showed abnormalities in the fetal heart rate (FHR). The pessary was finally removed later that night. She was moved to the delivery unit in the early hours of the fifth day. Her membranes were artificially ruptured and, following an epidural, a Syntocinon infusion was started. Syntocinon (oxytocin) is a uterine stimulant that is given in drip form to stimulate contractions to speed up labour, but the mother and baby must be carefully monitored to avoid injury to both from hyperstimulation. Decelerations in the FHR were noted and the CTG trace was classified as suspicious but, despite signs of uterine hyperstimulation, the Syntocinon was continued. Over the next few hours the FHR deteriorated further and the CTG trace was classified as pathological. The registrar ordered the Syntocinon to be increased, even though the FHR was now showing longer lasting, dangerously deep decelerations (a warning sign of bradycardia or severe fetal distress). Despite these dangerous signs, and the need for urgent delivery of the baby, the mother was then encouraged to push as her cervix was fully dilated. After more than an hour of pushing, with a consistently pathological CTG trace, the registrar discussed with the consultant a plan to transfer the mother to theatre for a trial of instrumental delivery, however, it was a further half an hour before the registrar returned, and the FHR had dropped to a profound terminal bradycardia of 60-70bpm. The baby was delivered by crash caesarean. He was born in poor condition having suffered permanent injury to his brain from hypoxic ischaemic encephalopathy (HIE). HIE birth injury claim leads to admission of liability, judgment and £1.37 million interim payments Our client’s family contacted us soon after his birth. We pursued a claim on the basis that his HIE brain injury was caused by the hospital staff’s negligent management of this high risk labour and their delay in delivering the baby. Given the mother’s medical history and her signs of deteriorating kidney function, her labour should have been closely monitored and carefully managed. Instead, excessive doses of pessaries and Syntocinon during labour caused uterine hyperstimulation, which the maternity team negligently failed to act on by expediting delivery of the baby when the pathological CTG trace indicated severe fetal distress. Despite the lengthy period of negligent care, our experts believed that delivery at any time before the final terminal bradycardia would have avoided the injury to the baby’s brain. The NHS trust admitted liability and we obtained a judgment for our client. The proceedings were then stayed until he had grown and developed and his future condition could be more accurately assessed, to ensure that our valuation and settlement of his claim would adequately provide for his extensive, lifelong needs arising from his cerebral palsy disability. In the meantime, interim payments of more than £1.37million paid for the purchase and adaptation of a suitable home, case management, therapies, wheelchairs, and specialist aids and equipment. £18.7 million settlement provides £7.3 million lump sum plus lifelong annual care payments When our client was old enough for his future disability and lifelong needs to be assessed, we worked with our client’s family and our experts to value his claim. We entered into negotiations with NHS Resolution at a round table meeting (RTM) and secured an £18.7million* settlement which provides our client with the flexibility of a £7.3million lump sum and the security of a periodical payment order (PPO) which will provide lifelong, index-linked, annual payments rising to £300,000pa to pay for his care. Our client has the benefit of Court of Protection deputyship. His family’s privacy is protected by an anonymity order. * capitalised equivalent If your child has cerebral palsy or neurological disability as a result of medical negligence, or you have been contacted by HSSIB/MNSI or NHS Resolution, you can talk to a solicitor, free and confidentially, for advice about how to respond or make a claim by contacting us.
