IN THE MATTER OF
AH Claimant
-v-
NHS TRUST Defendant
The Claimant was the Administratrix of the Estate of AH, deceased, in connection with the claim brought under the Fatal Accidents Act 1976. The claim was originally brought on behalf of the deceased in connection with a claim for damages for personal injury and loss arising from a clinically negligent incident, which occurred on or around the 20th August 1999.
The deceased was born on the 11th November 1998. The pregnancy was uncomplicated until the end, when the Claimant developed protein in her urine, with elevated blood pressure. The Claimant was induced and the deceased was born by a Ventouse delivery. At birth, she was very floppy and had difficulty even sucking and swallowing. She was transferred to the Neonatal Unit for observation.
She remained there for a period of approximately 5 ½ weeks. During this time, she underwent various tests in order to explain her feeding difficulties. At the age of 5 ½ weeks she was discharged home with a portable suction machine, and an Apnoea monitor.
Following a short re-admission to hospital, a naso-gastric tube was fitted.
On the 21st February 1999 there was an incident, when the deceased briefly stopped breathing following a feed. She did start breathing again following a change of position. She was admitted to hospital and observed for 2 days. Following extensive investigations, the deceased was diagnosed with having nemaline myopathy. She was also diagnosed as having saggital synostosis. She was admitted to hospital on the 15th August 1999 for cranio-facial repair of scaphocephaly. The operation, and her post-operative course, were uneventful.
On the morning of the 20th August 1999 the deceased had a slight temperature but appeared well, and was playful. During the afternoon, she became unwell and her temperature rose. She was very mucousy and regular suction was being used to clear her mouth. It was decided that her discharge would be postponed until 23rd August.
At approximately 11.20pm 2 nursing staff removing the line in groin, which had been in place since surgery. The Claimant noticed that the pulse oximeter had become detached. She drew this to the attention of the nursing staff, and were informed that this would be put back on the toe once they had concluded their task.
At approximately 12.10am the Claimant received a call from security. They were advised that the deceased had been resuscitated. She had suffered a respiratory and cardiac arrest, as a result of which she suffered significant neurological damage. She became profoundly disabled, and dependent upon her parents for all aspects of daily living.
The Claimant's Allegations
It was alleged that there was a failure on the part of the Trust to re-attach the pulse oximeter during the night of the 21st August 1999, and as a consequence, when the deceased began to experience breathing difficulties, the staff were not alerted to her respiratory problems, which in turn led to her suffering a cardiac arrest. As a result of that arrest, she suffered damage to her brain.
The Defendant's Position
The Defendant admitted the allegations of negligence, but disputed causation. They did not accept that all of the deceased's disabilities were referable to that damage, referring to her pre-existing diagnosis of nemaline myopathy.
A report was obtained from a Paediatric Neuroradiologist who confirmed that the mental retardation, cortical visual impairment, sensori-neuro hearing loss, and epilepsy were as a result of the brain injury. A report from a Consultant Paediatrician confirmed that the deceased's general disabilities and care needs would have been much less severe without her cerebral palsy.
Unfortunately, and with great sadness, the deceased passed away on the 19th March 2004 after a respiratory illness. The deceased's parents decided to continue the claim on behalf of the Estate.
A report obtained from a Consultant Paediatric Neurologist confirmed that the deceased had died as a consequence of the brain injury.
Exchange of expert evidence took place in January 2005. A Schedule was prepared totalling £122,000.00, and negotiations ensued with regard to the Schedule. In March 2005 the Defendant made a Part 36 Offer to the Claimant in the sum of £100,000.00. The opinion of Counsel was sought on the level of the offer, and after careful consideration, the Claimant elected to accept the offer in full and final settlement of the claim, together with payment of reasonable legal costs.
Case Report submitted by:-
Mr. Eddie Jones
JMW Solicitors
5/7 Byrom Street
Manchester
M3 4PF
Counsel
Miss. Sally Hatfield
Peel Court Chambers
45 Hardman Street
Manchester
M3 3HA
Defendant's Solicitors
Hill Dickinson
Pearl Assurance House
2 Derby Square
Liverpool
L2 9XL
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