B | Cerebral Injury

B, now aged 36 years, was born by an assisted breech delivery at 2.00am on the 27 February 1967. B was at birth severely asphyxiated with a recorded heart rate of 60bpm, a significant bradycardia. Intensive resuscitation was required immediately after delivery, but by then she had already sustained catastrophic neurological damage in the course of her descent down the birth canal. B now suffers from Athetoid Cerebral Palsy which has resulted in the loss of voluntary limb movement, an inability to use language, and the need for constant care. Life expectation is forecast to be about 60 years.

The cerebral injury occurred at the end of labour and the Defendant admitted in their Defence that had B been born by 1.45am she would not have been neurologically damaged. Liability was however not admitted.

Dr M who was instructed on behalf of the Claimant considered that the adequacy of the supervision of the labour and delivery at the hospital can be properly criticised and that the obstetric capability of the attending senior house officer, was wanting in terms of competent care, even as judged by the standards of the time. However in the view of Dr S who was instructed on behalf of the Defendants, a slow and deliberately managed delivery was, even in the face of a significant bradycardia, entirely in accordance with good and accepted practice at the time. The accepted practice, as he pointed out, was to avoid intercranial fetal haemorrhage at all costs.

The Defendants made a Part 36 payment of £1,000,057 into court on the 19 March 2003, which was rejected by the Claimant. By a letter dated 23 October 2003 the Defendants offered to settle the claim for the sum of 2.3 million. A meeting was then held with the claimant?s and leading counsel for both parties for further negotiations to take place. The case was later settled for £2.4 million. This was accepted and approved by the court on 17 February 2004.