Charlotte Measures, a Legal Director in the Medical Negligence team at Higgs LLP, has successfully secured another liability judgment in a birth injury claim.
*Jake was born by an emergency caesarean in very poor condition with no signs of life at birth. There was no spontaneous breathing, and his heart rate was not audible. He was given bag and mask ventilation but had to be intubated, and his first gasp was at 7-8 minutes of age, with his heart rate only being audible after 12 minutes of age. He was transferred to Royal Victoria Hospital for therapeutic cooling, but his MRI scan in the neonatal period confirmed damage to his brain in keeping with an acute hypoxic ischaemic event.
Jake has since been diagnosed with global developmental delay, autism and 4-limb cerebral palsy.
Summary of the liability case
Jake’s mum is a Type 1 insulin-dependent diabetic, meaning that her pregnancy was categorised as high risk. Her glucose levels during the pregnancy were persistently high, and there were concerns, shortly before Jake’s delivery, that his growth had stopped. On the date of delivery, she attended the hospital for a routine cardiotocography (a ‘CTG’). A cardiotocography is used to monitor the fetal heart rate and the mother’s contractions during pregnancy and labour.
From the start of the timing of the cardiotocography trace, there were concerns that the fetal heart rate showed no accelerations. It was, however, a matter of dispute as to whether the trace showed decelerations, which should arguably have led to a decision to perform a Category A caesarean section (requiring delivery within around 30 minutes). The Trust argued that the decision for a category B caesarean section (which meant aiming to deliver the baby within two hours) was reasonable.
Life-long care for Jake
With the benefit of supportive expert opinions from a midwife, an obstetrician and a neonatologist, we argued that with reasonable care, Jake would have been born before he sustained any brain damage. The Trust denied this, and therefore, court proceedings were issued on behalf of Jake
A settlement was subsequently agreed, and the court has now approved a liability judgment in favour of Jake (75%).
A large interim payment of compensation has been secured to enable Jake’s family to appoint a case manager and implement much-needed therapies and a care package.
Quantum investigations are ongoing to establish Jake’s lifelong complex needs and the total value of his claim, which is likely to be worth several million pounds.
Charlotte instructed Edward Bishop KC and Simon Trigger of Deka Chambers on behalf of Jake.
*anonymised
