Our medical negligence team have secured a liability settlement for a child (DXZ) who suffered brain damage following delays in making sure he was delivered by caesarean section.
What happened to DXZ?
CXZ attended the Antenatal Day Unit at Milton Keynes University Hospitals in April 2017 at 38 + 1 week’s gestation with concerns of reduced fetal movement. She was admitted and the condition of the baby assessed. The baby’s heart rate was monitored using a CTG machine and was noted to be abnormal.
CXZ was transferred to the labour ward where the CTG was recommenced. Examination found a suspicious CTG and there were still no contractions.
The recommended plan was to keep CXZ under review to consider whether IV fluids positively impacted the baby’s heartrate. A further review noted no improvement and a decision to deliver DXZ by caesarean section was made.
Regrettably, the caesarean section wasn’t performed when it should have been (90 minutes earlier). DXZ, was born in poor condition, he was silent, struggling to breathe and needed resuscitation. He was transferred to the neonatal intensive care unit where he was intubated and required passive cooling. DXZ had an MRI scan of his brain, which was reported to be normal, but he sadly later exhibited signs of a subtle brain injury.
How has this impacted DXZ’s life?
Following the delivery, DXZ has gone on to suffer global developmental delay affecting his fine motor skills, speech, language and social abilities. His parents have tirelessly engaged with private therapies to support his development. He now has mild motor difficulties, but his main problems are cognitive and behavioural.
How did Irwin Mitchell help?
CXZ got in contact with our medical negligence team and DXZ’s case was handled by Georgie Cushing and Dami Oloyede, solicitors in our London office.
The case was investigated, and the team secured an early, pre-action admission of breach of duty from the Defendant Trust confirming DXZ should have been delivered 90 minutes earlier.
Following this admission, causation was investigated and Court proceedings commenced. Liability was denied by the Defendant but after witness and expert evidence had been exchanged, a liability settlement of 55% was agreed between the parties at a settlement meeting.
Georgie continues to represent DXZ in relation to quantifying his claim in order to secure a settlement to help fund his care and rehabilitation to improve his quality of life.
DXZ’s mother also had a claim for psychiatric injury following DXZ’s birth and we supported her with this claim.
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