Yahoo News Family's £9m payout after 20-year fight for son left severely disabled by Lancs hospital's birth failings
The parents of a baby boy who was left with severe disabilities following failings when he was born have been awarded £9million in compensation.
The compensation, which was approved today (Wednesday November 27) at the Royal Courts of Justice in London, has been awarded to a 20-year-old man who was born at Sharoe Green Lane Hospital in Preston in 2004.
The payment, to be made by Lancashire Teaching Hospitals NHS Foundation Trust, will ensure the man has the right level of care for the rest of his life.
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The boy's parents, who cannot be named to protect their son's identity, have fought for justice for 20 years after he suffered brain damage during his birth. He also has global developmental delay, mixed dyskinetic spastic quadriplegic cerebral palsy and learning difficulties, and requires 24-hour care and regular therapies.
Representing the family, leading birth injuries solicitor Diane Rostron, said: “This was the family’s first child, and the pregnancy developed well for the first 30 weeks. At this point our client’s blood pressure was fluctuating and she had noticed that the baby’s movements had reduced, and she reported this to the hospital.
“Her concerns were met with reassurance and advice that she would be monitored. Her blood pressure continued to be high, and she started suffering with mild headaches 36 weeks into the pregnancy.
“Two weeks later, her blood pressure remained high, and the baby’s movements had decreased. These were red flags demonstrating that something was seriously wrong however, she was reassured and advised not to worry.
“At 38 weeks, she was admitted into Sharoe Green Lane Hospital and abnormal results were found when the baby’s heartbeat and uterine contractions were monitored. The hospital did not act on these further warning signs showing that the baby was at risk.
“A week later, our client only experienced one baby movement over a 24 hour period. She was readmitted into the hospital mid-afternoon. Despite another abnormal CTG demonstrating to the hospital that the baby was at risk, an emergency c-section was not performed until several hours later.
“The hospital was aware of a number of warning signs that the baby was at risk over a period of a few weeks before he was finally delivered. He was born in a very poor state having suffered oxygen deprivation leading to irreversible brain damage.
“He had difficulties with breathing, severely low blood pressure, and liver problems at birth. Our client should not have been discharged from the hospital when she was admitted 38 weeks into the pregnancy.
“Had the hospital admitted her at this point, the appropriate action would have been to deliver the baby the next day. Had they delivered him then - just six days earlier - all injuries would have been avoided.
“He would be a healthy young adult living life as any other 20 year old. He instead lacks mental capacity and will be dependent on others for all his care needs.”
The family had a healthy second child several years after their son was born. Commenting on today’s settlement, the boy’s mum said: “I still feel deeply upset that I was repeatedly reassured that my concerns were nothing to worry about. I knew after the first 30 weeks that something was wrong. I was unable to return to work because my son has complex needs.
“My husband was also encouraged to take redundancy due to how much time he had to take off to attend my son’s hospital and care appointments.
“Neither of us have been able to work as a result of our son’s extensive care needs. It is predicted that he will live until the age of 70. It is an enormous relief to finally have the compensation needed to make sure that he has the right level of care for the rest of his life.
“I was repeatedly reassured that I did not have to worry, but this has changed the entire course of our lives. It makes me so angry to know that had my concerns been taken seriously, my son would have been born a perfectly healthy little boy and our lives would be like that of any other family.
“We have had to fight for our son’s rights for so many years. Another law firm dropped our claim after six years before we instructed Diane Rostron. I still feel so upset all these years later.”
LancsLive has contacted Lancashire Teaching Hospitals NHS Foundation Trust for comment.
