Claimant awarded £10,000 in respect of negligent treatment that her late son received from the time of his birth until the time of his death, aged nine days

29 Mar 2017 | Case Studies

The claimant was admitted to Homerton Hospital in July 2011 at 33 weeks gestation.  She was suffering from sickle cell disease and was treated with antibiotics and analgesia.

On 3 August 2011, the decision was made to carry out an emergency caesarean section due to the claimant’s sickle cell crisis, chorioamnionitis and lack of progress in labour. The claimant’s son was delivered at 20.59 on 3 August 2011 and was transferred to the neonatal unit because of his prematurity.

Initially, he was in a good condition, but on 9 August 2011, he deteriorated. He developed an infection and passed away on 11 August 2011, aged 9 days.

It was alleged that on 9 August 2011 Jayden’s blood tests showed significant abnormalities and that a competent clinician would have recognised that the liver test readings were abnormal, and would have discussed the results with a senior neonatal clinician.  It was further alleged that any competent senior neonatal clinician reviewing the results would have known that the child probably had an infection which was affecting his liver, that it was viral in origin and that   anti-viral treatment should have been instigated.

It was admitted by the defendant that there had been a failure to administer Acyclovir by 8.00pm on 9 August 2011. Instead, Jayden did not in fact receive Acyclovir until 2.00pm on 10 August 2011, resulting in an 18 hours delay in administering treatment. It was denied by the defendant that the delay in treatment altered Jayden’s outcome.

It was the claimant’s case that if the abnormalities in the child’s blood test had been reviewed on the afternoon of 9 August 2011 and treatment instigated by 8pm, on the balance of probabilities, he would have survived.

The Settlement

A settlement was reached in the total sum of £10,000.

Date of Judgment/Settlement:  12.16
Claimant Solicitor: Sophie Jones

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