Girl left severely disabled by horror delivery to receive multi-million-pound care package 

09/11/2016

A little girl who will be disabled for the rest of her life after a locum doctor damaged her spine in an horrific botched delivery is to receive a multi-million care package.  

A ventouse cup, an instrument used by doctors to help deliver babies, was stuck on the wrong part of her head, causing an injury to her cervical and thoracic spine. The girl’s legal team alleged that the ventouse had been pulled with excessive force due to the severity of the injury to her spine. 

The girl, who cannot be names for legal reasons, also suffered significant facial injuries immediately following her birth at Basildon Hospital, Essex, in 2010, however these thankfully subsided. After two pulls by the locum doctor, who was supplied by an agency, the ventouse delivery was unsuccessful and the girl was delivered via forceps.  

After the damage she sustained her family contacted solicitors at law firm JMW who took on her case. After denying any wrong-doing for years the trust has now accepted liability on a 50 per cent basis which was approved by the High Court in London today. 

JMW’s investigation revealed serious discrepancies between the locum’s CV and records of his experience held by his current agency. The doctor’s qualifications and experience had not been checked by hospital bosses prior to him being offered work despite this being its usual protocol. The day of the child’s birth was the doctor’s first and only shift at the trust.

Beth Reay, a partner in JMW’s specialist medical negligence team who is representing the girl in her legal battle, commented: “This is a tragic case which was made more difficult by discrepancies between what the doctor recorded at the time in the birth notes and what he later claimed as part of the case. 

“The trust and the doctor denied any wrongdoing over a number of years, but we have always maintained that the severe spinal cord injury which the child sustained strongly suggested that something had gone very seriously wrong during delivery. It is a relief for the child’s family that in reaching this compromise she will now be compensated. 

“She will have significant care needs for the rest of her life as she has little use of her arms and hands, her walking is impaired and she is doubly incontinent. She is a bright child however her opportunities for work have been severely curtailed by her physical disabilities so it is a huge relief to her family that she will have some assistance and financial security in the future.”

The trust will compensate her for 50 per cent of the full value of her claim, which will run into millions of pounds due to her care needs and loss of future earnings. 

Ends
For more information or to arrange an interview, please contact Kelly Hindle or Samantha Meakin on the details below:
Kelly Hindle
M: 07921 388584
D. 0161 828 1868
E. Kelly.hindle@jmw.co.uk 
Samantha Meakin
Samantha.meakin@jmw.co.uk 

Note to EditorsJMW Solicitors LLP is a leading Manchester law firm and offers a broad range of legal services to both commercial and private clients.JMW’s Clinical Negligence team is headed up by leading clinical negligence lawyer, Eddie Jones. http://www.jmw.co.uk/services-for-you/clinical-negligence/
 



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