Kernicterus compensation claims

Kernicterus is a condition that affects newborn babies who experience severe jaundice that is not treated properly or quickly enough by doctors, midwives or nurses. Kernicterus can have devastating consequences, including brain damage, resulting in hearing loss, disability and learning difficulties.

The clinical negligence solicitors at JMW have successfully managed several multi-million-pound claims for compensation for the families of young children who developed kernicterus due to negligence. We have built a reputation as leading specialists in birth injury claims, thanks to our wealth of experience, which is crucial for bringing a successful claim for compensation.

As with other neonatal injuries, kernicterus cases are often strongly contested so it is essential that a legal challenge is brought by a lawyer with experience in this field of medical negligence claims.

If you would like to speak to an experienced lawyer regarding a potential kernicterus compensation claim, or you would just like some clear, easy to understand advice, call 0800 054 6512 or contact us using our enquiry form.

Kernicterus development and prevention

Kernicterus develops in newborn babies with high levels of bilirubin in their blood that goes untreated. Bilirubin is the yellow substance that causes the characteristic yellowing of the skin associated with jaundice and is produced when red blood cells are broken down. When these high levels of bilirubin (or hyperbilirubinaemia) cross the membrane protecting the brain, problems including brain damage, hearing loss and even death can occur.

Kernicterus is preventable and when the first signs of high bilirubin levels are detected, such as jaundice, immediate action should be taken to lower levels by doctors. High levels of bilirubin can be reduced by light therapy or an exchange blood transfusion.

Once an infant has developed kernicterus, the effects are usually irreversible so it is imperative that fast action is taken when warning signs occur. Despite this, awareness of the dangers of severe jaundice in babies is not high enough among healthcare professionals and we continue to see many cases of kernicterus at JMW.

How to spot kernicterus

In the short-term, babies suffering with kernicterus can appear lethargic and irritable, their body can seem rigid or floppy due to changes in their muscle tone, and they can suffer temporary breathing interruptions and fits or seizures. Their skin is yellow, and this can also affect the whites of their eyes.

In the longer term, signs a baby is suffering from kernicterus are more prominent and can include:

• Cerebral palsy– brain damage that causes learning difficulties, and mobility and co-ordination problems.
• Loss of hearing
• Eyesight problems
• Dental problems

Medical negligence and kernicterus

Although jaundice in babies is common, kernicterus is rare. When jaundice appears in the first 24 hours of life this may be a sign of an underlying problem which needs urgent investigation.

We have come across several cases where midwives have failed to appreciate that early signs of jaundice can lead to kernicterus. Instead of checking the baby’s bilirubin levels midwives have told parents to put the baby in the window to get some sunlight. This action has no benefit to babies with hyperbilirubinaemia at all.

Early recognition of the problem, with testing of bilirubin levels, is crucial. If the baby has a rising bilirubin level this can be quickly treated with phototherapy, or if necessary, a blood transfusion.

If you think your baby may have been affected by kernicterus due to medical negligence then our experienced solicitors may be able to help you make a claim for compensation. 

For an assessment of your potential claim, please complete our online enquiry form and one of our specialists will contact you shortly. Alternatively you can contact us on 0800 054 6512.