5 October 2009
Olive Lewin, a partner in the clinical negligence team, has recently settled a cerebral palsy claim for significant damages. Our client has severe, permanent injuries which were caused by the negligent delay in delivery at Plymouth Hospital in 2001 which caused our client to suffer brain damage.
Our client’s mother was admitted at 39 weeks gestation to Plymouth Hospital for an induction of labour. Upon admission, the CTG showed a rather flat and non re-assuring trace. Further CTG traces continued to be un-reactive, but a decision was not made to induce our client’s mother until two days after her admission.
Our client was flat at birth, with no respiratory effort, and required resuscitation by bag and mask for one min. Our client is unable to weight bear, but can sit unaided. She is able to commando crawl, and has the use of one arm. Unfortunately, our client will be entirely dependant on the care of others for her day to day living.
Our client was awarded £2.5m by way of lump sum and will receive annual payments for the rest of her life.
Olive has also recently settled another cerebral palsy case for substantial damages.
Our client suffered severe brain damage and permanent disabilities due to the negligent delay in delivery during his birth at Lewisham Hospital in 2001. At 41 weeks gestation, our client’s mother attended Lewisham Hospital for induction of labour.
In the early afternoon a Syntocinon infusion was commenced, which was increased on a regular basis. The CTG trace began to show fetal distress from about 15.25 hrs until delivery at 18.10.
At no point were the obstetricians called to review the situation, and the paediatricians were not informed of the impending delivery of a very distressed baby. When our client was delivered the cord was wrapped tightly round his neck twice. The paediatricians were crash called at one minute of age, arriving at two minutes of age. Our client required resuscitation by bag and mask for 2-3 minutes.
Our client has four-limb cerebral palsy with cortical visual impairment, and is registered blind. He will be dependant throughout his life on other people for all activities of daily living. The case has settled for considerable damages which have been awarded by way of lump sum of £1.8 million pounds and considerable annual payments for the rest of our client’s life.
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