Child who has cerebral palsy after errors during delivery wins case

The claimant, who can only be named MB, developed cerebral palsy as a result of a catalogue of errors when he was delivered in 2003 by staff at Birmingham Women’s Hospital. He has won a case against the NHS trust after they admitted negligence in failing to provide him with adequate care during his birth.

MB developed severe spastic quadriplegic cerebral palsy (affecting all limbs), he will never walk, cannot communicate, is blind, suffers from epilepsy, double incontinence and is fed via gastrostomy (a tube through his stomach).

It was admitted by the hospital that MB should have been delivered via caesarian section 5 hours earlier (although some of the experts argued he should have been delivered even earlier). 

There were clear signs that the baby was in distress over a prolonged period and the decision to proceed to emergency delivery should have been made. However, an argument was presented by the Birmingham Women's Hospital, that despite errors made, MB would have suffered some degree of brain damage anyway.

The case was heard at the Royal Courts of Justice in London, where a settlement of 80 per cent was approved by the judge, to reflect the risk that he might have suffered some damage in any event.

 

The case will now be carefully investigated to assess the financial impact of the injuries, which will include claims for 24-hour care, aids and equipment. Providing care and assistance for the rest of his life will amount to a 7-figure sum.

Ally Taft, Solicitor for the family and head of clinical negligence at Alsters Kelley LLP said: 

“The standard of care given by the NHS to the claimant in this case was appalling. There were numerous opportunities for staff to intervene and deliver the baby sooner. 

“Cases like this demonstrate, whatever the error, it can cause a huge impact upon many people’s lives. The family have spent 8 years diligently caring for their son and fighting for justice for him. 

“It is up to the Birmingham Women’s Hospital to improve standards but it is important for us to prompt them into doing so, by bringing them to account .”

 

The chief executive of Birmingham Women's NHS Trust has sent a letter of apology to the family.

Photo: Head of clinical negligence, Ally Taft of Alsters Kelley LLP