Clare Langford, a Partner in the medical negligence team at Higgs LLP, has successfully secured a substantial seven-figure settlement in a birth injury claim.
Background to the case
*Maisie’s parents instructed Higgs LLP to investigate a claim for birth injury negligence following concerns regarding the management of the pregnancy and labour. Masie was born in poor condition after a stressful delivery, which left her suffering from cerebral palsy, bilateral deafness and reduced cognitive function.
After suffering from respiratory distress syndrome and perinatal hypoxic ischaemic encephalopathy (a brain injury caused by lack of oxygen and low blood flow around the time of birth), Maisie was born blue and floppy. She was maintaining only approximately 30% of her oxygen. Maisie was transferred to the neonatal unit at 20 minutes of age, and she was subsequently intubated and placed on a ventilator.
Summary of the liability case
After instructing numerous medical experts, it was our case that the treating clinicians at the Defendant Trust improperly categorised Maisie’s mother’s pregnancy as “low risk” and failed to monitor her appropriately.
As a result, there was a failure to note on the CTG trace that the baby was suffering distress and that an emergency caesarean section should have expedited delivery.
Maisie’s case had been proceeding to a trial of liability with the claim being strenuously defended by the NHS Trust. After a Joint Settlement with the Defendant, a few weeks before trial, a liability apportionment was agreed in favour of the Claimant.
Birth injury settlement
After extensive negotiations with the Defendant, including two Joint Settlement Meetings and various offers from both parties, a settlement was reached a few weeks before trial.
The award secured for Maisie has provided her with a sizeable lump sum upon settlement and periodical payments (an annual payment) to fund a care package and case management for the rest of her life. Due to the uncertainties surrounding Maisie’s future epilepsy, we also sought provisional damages from the Defendant; this will allow Maisie to return to Court for further damages if her needs increase in the future.
As Maisie is a minor and protected party, the settlement was approved by the High Court and will now be invested to ensure longevity of the funds. Plans are in place to purchase a suitable property and facilitate a full care and therapy package. The settlement will ensure Maisie has financial security and access to the support and equipment she needs throughout her life.
Clare instructed Satinder Hunjan KC of Kings Chambers on behalf of Maisie.
Thank you Clare to you and your team for all your hard work. You have done an amazing job and we cannot thank you enough."
Maisie's father
