£23 million in compensation for child who suffered injury at birth
Isabel*, who was aged 12 at settlement, suffered a chronic partial hypoxic ischaemic brain injury in utero approximately one week before delivery in 2011 due to negligent antenatal midwifery care. The community midwives failed to identify reduced fetal growth due to placental insufficiency which should have led to referral for induction of labour before the brain injury occurred. Due to her birth injury, Isabel has hypotonic cerebral palsy and epilepsy as a result of the negligence.
Previous solicitors had focused on the events at the time of delivery and the family was advised that the prospects of success were poor, after which they instructed Potter Rees Dolan Solicitors (now Hugh James) in 2017.
An 85% liability settlement was approved in April 2021 and quantum was then investigated. We were successful in negotiating a global compensation award of £23 million in October 2023, which includes a retained lump sum of £8 million and increasing periodical payments throughout her lifetime as her care needs increase. The Quantum settlement was approved by The Honourable Mr Justice Ritchie on 31 October 2023.
The settlement includes the cost of Isabel’s increasing care needs with age, waking night care, case management, hydrotherapy, physiotherapy, occupational therapy, speech and language therapy, assistive technology, wheelchair accessible transport, equipment including wheelchairs, home schooling, accommodation, holidays and professional deputy costs.
Gill Edwards, Partner in the clinical negligence team at Hugh James who acted for Isabel with Chris Melton KC of Counsel, said:
“When Isabel’s family transferred her case to us, we focused our investigation on the care of her mother in the antenatal period, which was when the injury occurred. There were three Defendant Trusts responsible for the various community midwives. Medical evidence was obtained from experts in midwifery, obstetrics, neonatology, neuroradiology and paediatric neurology to establish liability. Isabel and her family have struggled for many years and the compensation, some of which was paid by way of interim payments during the case, has already made an enormous difference to their lives.”
* The names and identifying details of the client have been removed to protect the privacy of individuals involved.