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Case study: lack of blood supply causes cerebral palsy
John, 35 years old, Manchester, £5,000,000
Read case studies on settlements to the value of £10 Million or £8.8 Million, or click here to go directly to information on how JMW Solicitors can help you to make a cerebral palsy claim.
JMW has helped a man secure £5 million compensation due to doctors failure to intubate him immediately after his birth, resulting in cerebral palsy.
John’s mother had had a normal pregnancy when she was admitted to hospital in 1974 for induction of labour when she one week overdue.
Her membranes were ruptured and clear amniotic fluid was released, this suggests that John was not in distress at this stage. Spontaneous contractions did not follow as would be expected so a Syntocinon infusion (IV) was commenced. Syntocinon is a synthetic version of the naturally-occurring hormone oxytocin and is used to increase the strength or duration of contractions.
The infusion was gradually increased over the next couple of hours. Soon the labour was established with strong contractions occurring every 2 or 3 minutes. The baby’s heart rate was recorded every 15 minutes for the next hour and remained normal (in 1974 continuous fetal heart monitoring was not regarded as mandatory with an uncomplicated pregnancy). A couple of hours later an internal examination was carried out and it was discovered that the cervix was very close to full dilatation.
At this point although, it was recorded that the baby heart rate was normal there was no recorded value. Syntocinon increases the risk of fetal hypoxia (lack of oxygen) as the uterine muscles are over stimulated, and this is why frequent recording of the fetal heart rate is essential.
The Syntocinon was stilling running at a high dosage and the contractions were recorded as 1-1:2 (that is between 5 and 10 contractions every 10 minutes). This is a frequency that rarely occurs in normal labour and is above the accepted limit for Syntocinon induced labour. The correct response at this stage would have been to reduce the rate of the infusion, but in fact it was continued at this high rate for a further hour. Eventually, John was delivered following an episiotomy.
No paediatrician present
When he was born John was in a very poor condition with low APGAR scores (simple method to quickly assess the health of newborn babies). He was clearly severely asphyxiated (deprived of oxygen) but there was no paediatrician present at the birth so John was eventually intubated by a midwife after 10 minutes.
John went on to develop all the signs of severe hypoxic ischaemic encephalopathy. He is now 35 years of age and suffers from spastic quadriplegia. He has a scoliosis and epilepsy and is profoundly mentally impaired. He cannot speak and requires tube feeding and is completely dependent upon his mother who has selflessly devoted herself to caring for her son.
JMW Solicitors felt that the dose of Syntocinon given to John's mother during her labour was excessive resulting in over stimulation of the uterine muscle. The uterus had no time to relax adequately in between the contractions resulting in a reduced blood supply to the baby.
It was also alleged that had the baby’s heart rate been properly checked at 15-minute intervals as it should have been, it would have become clear soon after the recordings ceased that John was in distress. At that point the Syntocinon should have been reduced or stopped and a doctor should have been called. It is likely that had this happened John would have been delivered before he suffered serious injury.
Almost 35 years after John was born, his solicitor Olivia Scates, Partner at JMW, was successful in achieving almost £5 million compensation. This included a certain amount to be paid to John's mother (his litigation friend) on account of her inspiring care of her son.
Contact JMW today if you or a family member suffer from cerebral palsy and believe you have a claim. Contact us either by our online enquiry form or by telephone on 0800 054 6512 and let us help you move forward with your claim.
More Case Studies
The specialist cerebral palsy solicitors at JMW secured a £22 million compensation package for an 11-year-old girl who suffered oxygen deprivation during birth leading to brain damage after her mother was talked out of having a C-section by doctors.
A partner in the JMW medical negligence team and a specialist in cerebral palsy cases, obtained £13 million in compensation for two siblings who were tragically both brain damaged by hospital errors.
Shauna was left with severe cerebral palsy and requires 24-hour care for the rest of her life after maternity failures. Our specialist cerebral palsy team secured her compensation totalling £10 million to provide her with financial security.
Lily was left catastrophically brain damaged after maternity failures. The cerebral palsy specialists at JMW secured her £10 million in compensation to cover the cost of the specialist care, accommodation and financial security she requires.
The specialist cerebral palsy solicitors at JMW secured a compensation settlement of £8.8 million for 'Sam' after maternity failures left him needing round-the-clock care.
Luke suffered catastrophic brain damage due to appalling failures by midwives. He was left with severe cerebral palsy and will require 24-hour care for the rest of his life. The brain injury specialists at JMW obtained over £7 million in compensation to cover the cost of this.
Seven-year-old boy R was left brain damaged after he was starved of oxygen at birth, when doctors at failed to recognise he was in serious danger and delayed his delivery. Eddie Jones helped the boy's mother to secure £6.56 million in compensation, ensuring the financial toll of the special needs he will have for the rest of his life are taken care of.
Young Theo has severe cerebral palsy which has left him with very little mobility and unable to sit up unaided after his brain was staved of oxygen due to the negligence of a birth centre. JMW secured Theo a £6.4 million compensation package to provide the specialist care he requires.
Harry was left with cerebral palsy in all four limbs, learning difficulties and behavioural problems due to the negligence of midwives. Eddie Jones, one of the cerebral palsy legal experts at JMW Solicitors, obtained him £6.22 million in compensation.
Heather was starved of oxygen at birth and as a result suffers from cerebral palsy. JMW were able to negotiate a settlement on her behalf which will help her live as normal a life as possible.
Huw was left with severe and permanent brain damage after his delivery was delayed despite abnormalities with his heart rate. The cerebral palsy specialists at JMW obtained Huw £5 million in compensation to provide the care he requires.
Alfie was left with severe cerebral palsy, epilepsy and learning difficulties after midwives failed to adequately monitor his blood sugar levels following his birth.
Hannah was left with severe cerebral palsy after a maternity unit failed to treat her respiratory illness effectively. The expert lawyers at JMW Solicitors negotiated a £4.8 million compensation package to fund her future care.
'Bobby' was left with severe cerebral palsy and very significant disabilities after meningitis failures when he was a baby led to permanent brain damage. Bobby is not expected to live beyond his teens but a JMW medical negligence partner secured a £4.6 million care package that will enable him to have as comfortable a life as possible.
Harvey suffered devastating brain damage as a newborn baby after a community midwife failed to take action on his newborn jaundice. He was left with cerebral palsy and will never be able to live independently or hold down a job. The specialist solicitors at JMW secured £4.5 million in compensation to help Harvey to cope with his disabilities.
Melissa Gardner, a partner in JMW's medical negligence team, secured £22 million in compensation for a girl with severe physical disabilities due to poor monitoring of her oxygen levels just after she was born.