S (By Her Mother and Litigation Friend) v The United Bristol Healthcare NHS Trust (2004)
Out of Court Settlement 13 dec 2004
The claimant, a 9-year-old girl, received £3,000,000 for the brain damage sustained during her birth in October 1996. The claimant suffered from cerebral palsy and required extensive long term care.
Claimant: Female: Newborn at date of accident; 9 years old at date of settlement.
Clinical Negligence: On 7 November 1996, the claimant's mother (M) was advised by the defendant hospital that she was expecting twins but on ultrasound examination there was evidence of a congenital cardiac abnormality in the first twin (D) which meant that D would only survive a few days after her birth. The claimant was the second twin who appeared to be healthy. M was referred to a fetal specialist and the above diagnosis was confirmed.
In view of the prospective complications, M asked the fetal specialist on several occasions if she could elect to have a caesarean section to ensure the safe delivery of the claimant. However, the specialist advised M against it on the basis that there was a maternal risk due to the general anaesthetic and secondly that M would not see her first twin D alive because D would die within a few hours of birth. The Claimant argued that:-
- There was no need for a general anaesthetic as the more usual anaesthetic for a Caesarean Section was a spinal epidural;
- Baby D would live several days in any event.
On 19 October 1996, M went into labour. On 20 October 1996, D was delivered successfully at 0.28am.
The claimant was in a cephalic presentation and the head was high. Syntocinon was commenced and the membranes were artificially ruptured. M was encouraged to start pushing but as she did so, the claimant showed increasing signs of acute hypoxic distress. The claimant was delivered at 1.13am in a poor condition with low apgar scores and a cord blood ph of only 6.77.
D died several days after birth from the cardiac abnormality.
The claimant sustained injury and brought an action against the defendant alleging that it failed to: (i ) offer an elective caesarian section; (ii) arrange for an experienced obstetrician to manage the difficult labour; and (iii) deliver the claimant expeditiously in view of her fetal distress.
Liability partially admitted. The defendants admitted that the management of the claimant's birth had been sub-standard. However, the defendants denied causation and that there had been a breach of duty with respect to the failure to offer a caesarean section.
Injuries: The claimant experienced severe hypoxic distress resulting in cerebral palsy.
Effects: After discharge from the defendant's hospital, the claimant failed to reach developmental milestones and she was subsequently diagnosed as suffering from cerebral palsy.
Prognosis: The claimant required extensive care, long term therapy and assistance for the rest of her life. Her life expectancy was normal.
Out of Court Settlement: £3,000,000 total damages.
Proceedings
This case settled almost immediately after the Claim Form was served. There was virtually no litigation. A settlement meeting had been planned but the case was ultimately settled by negotiation by the parties.