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Case study: birth asphyxia causes severe disability
Baby Joseph, Rochdale
JMW has secured a structured settlement of £3.5 million for a young boy who was left severely disabled due to the negligent actions of a hospital.
Induction of labour
Joseph’s mother realised that she was pregnant in January and was referred by her GP to the hospital for her ante-natal care. Her expected date of delivery (EDD) was the 1st August. Ten days after the expected date of delivery had passed, Joseph’s mother was admitted to the hospital for induction of labour.
The next day, Joseph’s mum was transferred to the labour ward for artificial rupture of the membranes (AROM). There were two failed attempts, so Syntocinon infusion (a hormone used to increase the strength or duration of contractions) was commenced, which was gradually increased.
After a while, the cardiotocograph (CTG) - which had previously been normal - began to show suspicious signs. The Syntocinon infusion was not discontinued for a number of hours. The CTG traces became gradually more and more abnormal, although no action was taken by the doctors or nurses attending Joseph’s mum. A Ventouse delivery was eventually carried out and Joseph was delivered in the early hours of the morning.
It was alleged that it was negligent to have persisted with, and to increase, the dose of Syntocinon when the CTG evidence indicated hyperstimulated uterus or fetal distress. It was alleged that a C-section should have been carried out by midnight at the latest.
After JMW Solicitors and the solicitors acting for the Hospital exchanged medical evidence, the hospital admitted it was negligent in its actions and that, as a result, Joseph now has athetoid cerebral palsy. He is severely disabled and totally dependent on others for self-care and mobility. He has a visual impairment and is unable to talk. His intelligence is relatively well preserved.
Joseph received compensation from the hospital that amounted to £3.5 million, which was paid as a structured settlement.