‘Harrison’, 20

Harrison sustained a significant brain injury due to lack of oxygen arising from the mismanagement of his birth. As a result, he now lives with complex physical and cognitive disabilities, requiring 24-hour specialist care and support.

Melissa Gardner, partner in JMW’s clinical negligence team took on the case and secured £24.7 million for Harrison’s lifelong care needs.

Problems during birth and first days

Harrison’s mother’s waters broke, so she attended hospital twice. The midwives advised her she was not in active labour yet and they wouldn’t be able to induce her due to being too busy, so she decided, on advice, to go home.

She gave birth naturally three days after her waters broke. Harrison was born with his cord loosely wrapped around his neck and under arm, he was floppy, needed inflation breaths and was taken to the special care baby unit.

Whilst there, he experienced some fitting episodes and began having problems breathing. He was sent for an MRI, which revealed blood clots on his brain. This brain injury was consistent with suffering a lack of oxygen during birth, due to the cord compression on his head.

Harrison's life now

Now a young adult, Harrison remains significantly disabled and uses a wheelchair the majority of the time. He has cognitive impairment and behavioural problems, which require him to have two carers at all times to manage this.

The consequences of his brain injury mean he will never be able to work and requires lifelong care in a specially adapted setting for him and his care team.

JMW’s investigation

Harrison’s family contacted JMW as they were concerned that he was not monitored properly during labour and his mother should not have waited three days to give birth since her waters broke, which they believed resulted in their child suffering lack of oxygen and ultimately causing him to have a brain injury.

JMW took on the case and, after listening to their story and gathering expert medical reports, established that if fetal heart monitoring had been put in place constantly it would have detected a pattern associated with fetal distress and delivery would have been accelerated.

Settlement secured

Melissa secured £7.1 million and annual payments of £423,500 over the course of Harrison’s life, totalling approximately £24.7 million

The settlement will go towards purchasing accommodation for Harrison and his care team to reside, as well as providing the equipment and necessary therapy to allow him to be as mentally and physically active as possible.

The settlement also recognises the extraordinary care provided by his family, with a portion allocated for their past support.

This settlement has given Harrison’s family peace of mind and security that his lifelong care needs can be met, helping him and them to live as fulfilling a life as possible