Kernicterus Lawyers
Kernicterus is a rare but serious condition that affects newborn babies. It can cause lifelong brain damage but, in many cases, can be prevented with appropriate medical treatment. If your child has developed kernicterus due to negligent care, you may be able to bring a kernicterus compensation claim. Our expert kernicterus solicitors are here to support you.
JMW is recognised for handling kernicterus claims involving medical negligence. We have one of the most highly-rated clinical negligence departments in England and Wales, and an outstanding track record of success in kernicterus brain injury claims. We have successfully won many multi-million-pound kernicterus settlements on behalf of the families we work with. We understand how overwhelming this experience can be and will work with you to uncover what happened, why it happened, and what can be done to help secure your child’s financial future.
Our team of kernicterus lawyers provides clear, compassionate legal advice and will explore all options for funding your claim, including legal aid and no win, no fee agreements. Where appropriate, we also pursue interim payments to help meet urgent care needs.
To speak to a specialist kernicterus solicitor at JMW, call us on 0345 872 6666, or contact us using our online enquiry form to request a call back.
On This Page
What Our Clients Say
How JMW Can Help
At JMW, we have extensive experience handling kernicterus compensation claims for families whose children have developed kernicterus due to negligent medical treatment. Our kernicterus solicitors have secured numerous seven- and eight-figure settlements in cases involving newborn jaundice brain damage caused by clinical negligence.
Kernicterus claims are complex and often strongly disputed. They require a kernicterus lawyer with specialist knowledge of how newborn jaundice progresses, how it links to medical negligence, and what expert evidence is needed to prove the claim. JMW is widely recognised as having one of the best clinical negligence departments in England and Wales, with several of our solicitors being members of the Law Society’s specialist panel of clinical negligence solicitors and the Action against Medical Accidents (AvMA) solicitors panel.
Our department is led by Eddie Jones, one of the UK’s most experienced kernicterus brain injury solicitors. We also work closely with the Child Brain Injury Trust, having supported the charity since 2012 and acted as its legal support service provider in the North West since 2015.
If your baby has suffered kernicterus due to newborn jaundice negligent care, our team will:
- Examine medical records to establish the facts of the case
- Work with independent medical experts in neonatology, paediatrics and neurology
- Build the strongest possible case showing how negligent treatment led to your child’s kernicterus newborn jaundice brain damage
- Seek interim payments wherever possible to help cover urgent care and specialist equipment needs
Making a successful kernicterus claim can provide vital financial support to help meet the lifelong needs of your child.. Compensation can cover aspects such as round-the-clock care, adaptations to your home, therapy, transport and more.
JMW provides kernicterus lawyer services on a no win, no fee basis. In some cases, legal aid may also be available, and we will apply for this on your behalf.
We understand how difficult it can be to go through a process as traumatic and complex as this and are dedicated to providing the guidance and support you need at every stage of your claim.
Meet the Team
Case Studies
Child suffers catastrophic kernicterus brain damage due to community midwife errors - £22 million compensation
Community midwife failures cause kernicterus brain damage - £18 million
Catalogue of basic errors in treatment of jaundice cause brain damage - £18 million
Baby suffers severe kernicterus brain damage after midwife failures - £15 million
“JMW have supported us as a family from the beginning, when we first found out X had suffered brain damage from kernicterus. We cannot thank Steven Brown enough for handling X’s case with expertise and in a professional, friendly and sensitive manner.
JMW are like an extended family. The support we receive from Steven and the Deputyship team goes above and beyond. Without JMW in our corner X wouldn't be where he is today. We have been able to get carers in place for X and specialist equipment, adaptations and treatment, which has made a massive difference to him and to the family. They will never get better, but JMW have helped to ensure that he will receive the best care and treatment to give him a better quality of life.”
Idris' Story
Watch Idris' story below to learn more about the difference early legal advice can make, or read the full story here.
My name is Mlali and I'm Idris's mum. Idris is a cheeky monkey; everything about Idris is special!
Idris was born on September 14th 2020. A couple of days after Idris was born, he developed jaundice. I contacted my midwife just to raise some concern. I was told that it was just normal, but the following day I noticed that Idris was becoming more sleepy. I was struggling with feeding, and I felt this was not normal, so I called the ambulance.
When they tested the level of bilirubin, it was off the chart, so we were transferred to a specialist hospital and given a double blood transfusion. It's very vague, that conversation with the consultant who came with the results; I just remember him saying that there's quite a lot of white spots, and that's when they used the term: kernicterus brain damage.
The midwife failed to follow NHS guidelines and missed the danger Idris was in, delaying his hospital referral. The injury to Idris’ brain has caused cerebral palsy in all four limbs, a visual impairment, and hearing loss.
You just feel your world is just collapsing on all angles, and you just feel helpless. We thought something drastically must have gone wrong here.
It wasn't until speaking to Eddie Jones that it just all made sense. JMW has helped us immensely; having a private team who are so enthusiastic about the future, about Idris, about what he will be able to achieve. Having the expert knowledge of Eddie and the rest of the firm is just a weight off your shoulders.
Idris will have live-in carers in future as he grows. Life can be challenging, but to have the disabilities that Idris has and not to worry about work, about paying bills, this will just all allow Idris to have the best possible life that he can live.
What Is Kernicterus?
Kernicterus is a rare but severe form of untreated jaundice that can occur in newborn babies when dangerously high levels of bilirubin build up in the blood. Bilirubin is a yellow substance produced when red blood cells break down, which causes newborn jaundice. Normally, the newborn baby’s liver processes bilirubin and removes it from the body. But in some cases - particularly in premature babies or those with other risk factors - the liver may not be developed enough to manage this process effectively. If red blood cells break down at a higher rate than usual, this can lead to high levels of bilirubin, also known as hyperbilirubinemia.
If bilirubin levels are not monitored and treated promptly, the substance can cross the blood-brain barrier and damage the central nervous system, including the brain. This condition is called kernicterus.
When kernicterus occurs, it can lead to various complications, including:
- Cerebral palsy
- Hearing Loss
- Vision Loss
- Dental problems
- Speech and language issues
- Learning difficulties
In rare cases, it can be life-threatening. Many children who live with kernicterus brain damage will need long-term care, therapy and specialist support.
Kernicterus is considered a largely preventable condition when medical professionals give appropriate attention to early signs of jaundice in newborns and provide timely treatment. When healthcare professionals miss this, the consequences can be devastating.
Find out more about newborn jaundice and kernicterus on the NHS website.
How Does Medical Negligence Lead to Kernicterus?
Kernicterus often develops when there are missed opportunities to monitor and treat newborn jaundice. These failures typically arise due to insufficient awareness among midwives and medical professionals of the risks associated with untreated jaundice and the importance of early and consistent intervention. Doctors, midwives, and nurses all play a role in identifying symptoms of newborn jaundice and escalating care when needed. When they fail in this duty, the results can be life-altering.
We have handled kernicterus claims involving numerous examples of negligent medical treatment, in which healthcare professionals recommended inappropriate treatment for jaundice or failed to acknowledge that early signs of jaundice can lead to kernicterus.
Specific failures may include:
- Failure to identify jaundice in the newborn period.
- Failure to test a jaundiced baby’s bilirubin levels.
- Delays in arranging blood tests to check a baby's bilirubin levels
- Misinterpreting test results or not acting on them
- Failing to start phototherapy or consider exchange transfusion when bilirubin reached dangerous levels
- Inadequate monitoring of premature babies, who are at higher risk of developing kernicterus
When early signs of jaundice are overlooked or urgent treatment is delayed, bilirubin can reach toxic levels and cross the blood-brain barrier, damaging the brain and central nervous system. This can result in a child developing kernicterus brain damage - a lifelong condition with severe consequences.
In situations like these, it may be possible to bring a medical negligence compensation claim. Our kernicterus solicitors can assess your case, help you understand your legal options, and provide the support needed to move forward.
How to Make a Kernicterus Claim
If you believe your child has developed kernicterus due to negligent care, you may be able to bring a kernicterus claim against the hospital or medical professionals responsible. A kernicterus brain injury solicitor at JMW can help you understand your rights, investigate what happened, and build a strong case for compensation.
We begin by gathering medical records, hospital notes and test results. These help us understand how your child was monitored and what actions - or inactions - the medical team took. We work closely with independent medical experts to determine whether the standard of care provided fell below what was expected.
Our kernicterus solicitors will handle all communication with the hospital or NHS trust on your behalf. Where possible, we will apply for interim payments to help cover urgent care needs, therapy, or specialist equipment while the case is ongoing.
We offer a free consultation to discuss the potential for a kernicterus compensation claim and work on a no win, no fee basis. In some cases, legal aid may be available, and we can apply for this on your child’s behalf. You can find more information on the steps involved by reading our guide to the clinical negligence claims process.
Our team has extensive experience in handling kernicterus claims and will guide you through each stage with clarity and care.
Our Campaign to Make Kernicterus a Never Event
The specialist solicitors at JMW currently represent numerous children who have kernicterus due to failures in care. These children were born healthy, but are now severely disabled after suffering kernicterus brain damage in the first few days of their life, meaning they will require specialist care for the rest of their lives.
Furthermore, the consequences of kernicterus can be devastating for the family as a whole. Coming to terms with the severe disabilities it causes is extremely hard, and kernicterus takes a huge financial and emotional toll, with care, equipment and accommodation costs often running into the millions of pounds.
As such, JMW is calling for kernicterus to be added to the NHS “never event” list, a register of serious but avoidable patient safety incidents that should never be allowed to happen if medical staff have taken adequate preventative measures.
Adding kernicterus to the NHS never events list would raise its profile both within the NHS and within the media, as incidence rates of never events are often reported nationally. In turn, this could bring greater awareness around the condition, and put firmer emphasis on the NHS to ensure neonatal care providers receive the training and guidance they need on the treatment of newborn jaundice.
FAQs About Kernicterus Claims
- How should kernicterus be prevented?
Kernicterus is largely preventable when medical professionals monitor and manage newborn jaundice appropriately. This includes recognising the early signs of jaundice, checking the baby's bilirubin levels regularly - especially in premature babies or those with known risk factors - and providing urgent treatment where needed. Effective treatment might involve phototherapy or, in more severe cases, an exchange transfusion. When healthcare professionals fail to take these steps, babies are put at risk of developing kernicterus brain damage.
- Is there a time limit for bringing a claim?
In most cases, you have until your child’s 21st birthday to start a kernicterus claim. If the child lacks mental capacity due to the severity of the brain injury, this time limit does not apply.
- Can I bring a claim on behalf of a child or a family member?
If you are the parent or legal guardian of a child who has suffered kernicterus brain damage, you can bring a kernicterus claim on their behalf at any time before they turn 21. If your child or family member is unable to make legal decisions themselves due to the effects of the injury, you can act as their ‘litigation friend’ and bring the claim for them, even after they turn 21. Our kernicterus solicitors can explain how this process works, and what steps are involved.
- What will compensation cover?
Compensation is designed to meet the lifelong needs of a child or adult who has suffered brain damage due to newborn jaundice resulting in kernicterus. This may include the cost of round-the-clock care, physiotherapy, speech and language therapy, adapted housing, specialist equipment, accessible transport, educational support, and loss of future earnings. A kernicterus compensation claim can also provide the financial security needed to support the person’s long-term wellbeing and quality of life.
- How long will it take for the case to be resolved?
Kernicterus compensation claims are complex and may take several years to resolve, especially if the full extent of the injury is not yet known. However, our kernicterus lawyers will always aim to resolve your claim as quickly as possible. We will work to secure interim payments where appropriate to help cover immediate needs while the claim is ongoing. The length of the process depends on several factors, including how strongly the claim is defended, whether liability is admitted early, and the availability of medical evidence. If you are looking to claim compensation, it is always advisable to seek legal advice as soon as possible, in order to prevent any unnecessary delays.
Talk to Us
If you think your baby may have been affected by kernicterus due to medical negligence, JMW’s experienced solicitors may be able to help you make a claim for compensation on a no win, no fee basis.
Simply call us on 0345 872 6666, or complete our online enquiry form and we will get back to you at a convenient time.
