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Errors at Birth Centre Lead to Severe Cerebral Palsy – £6.4M
Compensation - £6.4 million
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. He also has significant learning difficulties and will need 24-hour care for the rest of his life.
Theo’s case was taken on by Eddie Jones, one of our specialist cerebral palsy solicitors, who secured an admission of negligence from the trust responsible for the birth centre and £6.4 million in compensation to enable Theo to cope with his disabilities.
When Theo’s mother Janet fell pregnant in 2001 when she was 38, she and her husband Earnie spent a lot of time researching options for the delivery and eventually decided on a birthing centre.
Deliveries at birth centres are managed entirely by midwives with no doctors present however Theo’s parents were advised that the midwives at birth centres are better trained and more experienced than hospital midwives, making them a safer option. They were also told that in the event that their baby needed to be delivered in hospital this could be arranged potentially more quickly than it could for a woman who was already in hospital.
In April 2002 Janet went into labour and was admitted to the birth centre. She was put under the care of a midwife initially. However this midwife said she had to leave to attend a social engagement and that she would send another experienced midwife to take over. In the meantime Janet was left under the care of a student.
At about 2.30pm Janet was taken to the birthing pool. The baby’s heart rate was monitored with a stethoscope rather than electronically. However a stethoscope carries a high risk of failing to achieve accurate monitoring when the mother is in a birthing pool.
Resuscitation at birth
Janet’s labour progressed for several hours and at 8.45pm she had a heavy ‘show’ and when she was examined at 9.20pm she was found to be fully dilated.
Theo was born at 9.55pm with the cord wrapped tightly round his neck and in a very poor condition. When his head emerged there had been a thick presence of meconium (a sign of fetal distress). Theo had to be resuscitated and did not take his first breath until 10 minutes after birth.
At 10.03pm the midwives called an ambulance, which had been described to Janet and Earnie as being just five minutes away by a virtually instantly available ambulance. However the ambulance did not arrive for half an hour and reached the hospital approximately one hour after Theo has been born.
Cerebral palsy diagnosis
Theo was later diagnosed with cerebral palsy caused by oxygen deprivation due to the cord being wrapped around his neck, which would have been avoided if Theo had been monitored effectively, if the signs that he was in distress had been picked up on and he had been delivered more quickly. After Eddie Jones challenged this poor care on behalf of Theo the trust responsible for the birth centre admitted the tragic errors and agreed to pay him £6.4 million to cover the cost of the life-long specialist care that he requires.
More Case Studies
Eddie Jones, head of clinical negligence at JMW, helped Khalil and his family to secure a lifelong compensation package worth £26 million after appalling errors by maternity staff caused him brain damage during his birth.
'Daniel' has severe physical disabilities, will never be able to work to earn a living and is dependent on others for all of his needs after he suffered devastating and avoidable brain damage at birth. He was awarded £25 million in compensation after his case was taken on by the cerebral palsy specialists at JMW Solicitors who have decades of experience in such cases.
'Francesca' suffered devastating brain damage during birth due to errors made with a drug used to speed up labour. She has lifelong specialist care requirements and will never be able to live independently, work for a living or have her own family. Although nothing could ever make up for this, Sally Leonards, a partner specialising in brain injury cases at JMW, was able to obtain £24 million in compensation to ensure she is properly taken care of and has financial security.
Melissa Gardner, a JMW partner specialising in cases of brain damage caused during birth, has secured a £22.3 million compensation settlement for a girl left severely disabled by maternity failures. Ruth will never be able to work and will be dependent on others for the rest of her life so the compensation will cover the cost of her 24-hour care and provide financial security.
Angharad Hughes, a partner in JMW's specialist clinical negligence team, secured £22 million in compensation, for a boy who suffered severe head trauma as a baby due to appalling errors made during a forceps delivery.
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.
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.
'Annie' should have been delivered urgently when there were signs that she was in distress in the womb. However blunders by midwives and doctors meant her birth was delayed and she was starved of oxygen leading to her being diagnosed with severe cerebral palsy. Eddie Jones, head of medical negligence at JMW, obtained £18 million in compensation to cover the cost of Annie's lifelong care.
'Alex' suffered severe and permanent brain damage during his birth after an induction of labour went badly wrong. Steven Brown, a partner in JMW's medical negligence team specialising in brain injuries, secured £13 million in compensation for Alex to help him to have the care and financial security he requires to cope with his disabilities.
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.