Medical Negligence

Hudgell Solicitors secures £14.3m damages for boy left brain damaged after midwives failed to realise he was starved of oxygen at birth

close-up-of-newborn-baby-in-hospital-concept-medical-negligence-birth-injury-mini-hero
chris-moore-hudgell-solicitors-1

Chris Moore

Senior Solicitor & Joint Head of Clinical Negligence

3 min read time

A £14.3m damages settlement has been approved for a boy left brain damaged after midwives failed to properly monitor his heart rate during birth and therefore didn’t realise he was starved of oxygen.

The boy, now 17, who cannot be identified for legal reasons, needed resuscitating after being born.

The consequent brain injury means that he suffers from significant cognitive and motor impairment, finding it difficult to carry out simple everyday tasks such as dressing and feeding himself. Experts say this will only worsen as he gets older, and he is expected to need increasing mobility aids in later life.

He will be unable to ever live independently or work, and will need life-long round-the-clock care, adapted ground floor accommodation and relevant aids, equipment and therapies.

The errors were made after an otherwise normal, full-term pregnancy when the boy’s mother was admitted to the labour ward for delivery.

On admission to Hemel Hempstead Hospital, the baby was found to be well, with a normal heart rate, but later during labour, there was no adequate monitoring of the baby’s heartbeat for a significant period, during which he sustained prolonged starvation from oxygen.

As part of the legal case led by medical negligence specialists Hudgell Solicitors, and after subsequent clinical investigations, West Hertfordshire Hospitals NHS Trust admitted that this period of starvation of oxygen had caused the brain damage suffered.

Medical negligence solicitor, Chris Moore, of Hudgell Solicitors, said the settlement reflected the ‘catastrophic, life-changing impact’ of the errors made on the delivery ward when the boy was born. He said:

I am so pleased that we have been able to secure the vital care and support which our client needs for the rest of his life, which was the driving force for his parents to embark on this journey. The Judge recognised the impact of the Hospital’s errors on the family as a whole.

It was accepted by the Hospital Trust that there was a breach of duty as midwives failed to spot abnormalities during labour, which, if detected, would have led to the child being delivered much earlier, and spared him such life-changing injuries.

Arrange a call back

Your contact details +

 

Damages settlement will reach £14.3m if the boy lives to life expectancy

 The damages settlement includes a £4m initial payment, which will be placed into a trust to be managed by a professional Court of Protection Deputy, alongside the boy’s parents.  With subsequent annual payments for the rest of his life expectancy, the damages settlement will be worth around £14.3m.

Mr Moore added: “Psychological experts agreed that the boy, but for his injuries, was likely to have entered and been successful in a professional career. The case and damages reflect both this and the sacrifices that his family have undoubtedly made to accommodate his disabilities and help him maximise his potential.

This settlement will ensure he and his family have the funds and support they need to ensure he enjoys the best quality of life.

Speak to a medical negligence specialist

If you suspect that you or a loved one has suffered an injury, or if an existing injury has been made worse by medical negligence, you may be entitled to make a medical negligence claim for compensation.

Start my claim

Download guide

Life After Birth Injury

Life after birth injury for you and your child.

hudgell-solicitors-life-after-birth-injury-pdf-brochure-image

Related Advice

Related Advice

Expertise. Trust. Authority

View All
does my baby have signs of cerebral palsy and what is the cause concept pregnancy birth injury medical negligence claims

Does my baby have signs of cerebral palsy and what is the cause?

Almost 80 per cent of all child disabilities are detected by their parents; seeing their children every day they are naturally best placed to detect intellectual and developmental delays. Asking questions and seeking expert advice over such concerns can lead to an early diagnosis of conditions such as cerebral palsy. Importantly, it can also secure […]

9 min read time
SANDS

Neonatal and Stillbirth Claims: Statutory Bereavement Damages

Representing families who have suffered the death of a child is one of the most heart-breaking parts of investigating medical treatment. Our investigations focus on finding out what happened and why. In cases involving the loss of a baby due to pregnancy related care we often instruct independent midwifery, obstetric and neonatology experts to review […]

4 min read time

Related Advice

Related Advice

Expertise. Trust. Authority

View All
hudgell solicitors medical negligence solicitor samantha darwin

Wrongful Births

The term wrongful birth is used when babies are born with injuries or disabilities which medical professionals should have detected during pregnancy. A failure to inform mothers/parents denies them the opportunity to take a very difficult decision as to whether to continue with the pregnancy. Listen to Samantha Darwin, a senior medical negligence solicitor, explain […]

does my baby have signs of cerebral palsy and what is the cause concept pregnancy birth injury medical negligence claims

Does my baby have signs of cerebral palsy and what is the cause?

Almost 80 per cent of all child disabilities are detected by their parents; seeing their children every day they are naturally best placed to detect intellectual and developmental delays. Asking questions and seeking expert advice over such concerns can lead to an early diagnosis of conditions such as cerebral palsy. Importantly, it can also secure […]

9 min read time

Related Advice

Related Advice

Expertise. Trust. Authority

View All
Cerebral Palsy & Birth Negligence

Cerebral Palsy & Birth Negligence

Cerebral Palsy Compensation Claims with birth injury solicitor Hayley Collinson & Keith Phillips Around 30,000 children in the UK are diagnosed with Cerebral Palsy. It’s a brain injury that around one in 400 are born with. Possible causes are due to complications either before or at the time of birth and can lead to lifelong […]

does my baby have signs of cerebral palsy and what is the cause concept pregnancy birth injury medical negligence claims

Does my baby have signs of cerebral palsy and what is the cause?

Almost 80 per cent of all child disabilities are detected by their parents; seeing their children every day they are naturally best placed to detect intellectual and developmental delays. Asking questions and seeking expert advice over such concerns can lead to an early diagnosis of conditions such as cerebral palsy. Importantly, it can also secure […]

9 min read time
web pic (45) (1)

How does cerebral palsy affect quality of life?

A diagnosis of cerebral palsy (CP) can be very difficult for families to process and understand, but with the earliest possible diagnosis and the right support, a good quality of life can often still be enjoyed. The effects of cerebral palsy on health vary greatly depending on the severity of the condition and the part […]

5 min read time

Related Advice

Related Advice

Expertise. Trust. Authority

View All
hudgell solicitors medical negligence solicitor samantha darwin

NHS Investigation Reports

What is an NHS Investigation Report and what can you expect from one? These reports are produced by NHS Trusts following an investigation into a serious incident which occurred during a patient’s medical care. They can highlight lapses in treatment and organisational systems, such as appointments not being sent out. Reports should also identify steps […]

white stethoscope on a medical chart

How do I make a formal complaint about medical treatment?

If you are not happy with the medical treatment that has been provided to you or a member of your family, you are legally entitled to have your concerns investigated and to receive a full response from the healthcare provider. Before commencing a medical negligence claim, we would advise that you make a formal complaint […]

4 min read time

Related Advice

Related Advice

Expertise. Trust. Authority

View All
hudgell solicitors medical negligence solicitor samantha darwin

Wrongful Births

The term wrongful birth is used when babies are born with injuries or disabilities which medical professionals should have detected during pregnancy. A failure to inform mothers/parents denies them the opportunity to take a very difficult decision as to whether to continue with the pregnancy. Listen to Samantha Darwin, a senior medical negligence solicitor, explain […]

theresa'greenwood of hudgell solicitors birth injury and baby loss claims team

Baby Loss & Clinical Investigations

Investigations following baby loss with Theresa Greenwood, a clinical support executive in birth injury compensation claims & Keith Phillips. Sadly, around 2,000 children aged under one die in England and Wales each year. Each is a tragedy for the family involved and parents will understandably want to seek answers as to why it happened. Listen […]

does my baby have signs of cerebral palsy and what is the cause concept pregnancy birth injury medical negligence claims

Does my baby have signs of cerebral palsy and what is the cause?

Almost 80 per cent of all child disabilities are detected by their parents; seeing their children every day they are naturally best placed to detect intellectual and developmental delays. Asking questions and seeking expert advice over such concerns can lead to an early diagnosis of conditions such as cerebral palsy. Importantly, it can also secure […]

9 min read time

Related News

Related News
View All
hudgell solicitors supports calls for a public inquiry into maternity services

Statutory Inquiry now needed as Birth Trauma report reveals ‘shockingly poor care’ across UK’s maternity services

Hudgell Solicitors has renewed its call for a Statutory Inquiry into the standard of Britain’s maternity services as a new report today highlighted the ‘shockingly poor quality’ across the UK. An All-Party Parliamentary Group (APPG) inquiry into the birth trauma experiences of hundreds of women found good care for pregnant women to be ‘the exception […]

5 min read time
bta logo concept company news feature image

Hudgell Solicitors welcome Birth Trauma Association for new ‘lived experience’ training

In February this year, Hudgells submitted evidence and shared our clients’ experiences of birth trauma as a first-ever parliamentary inquiry on birth trauma was launched. The inquiry report is expected in May. As part of our continued commitment to supporting families who’ve experienced birth trauma and to enable us to be trauma-informed and better understand […]

2 min read time
Close up Mother holding hands Asian female newborn baby

Hudgell Solicitors tells MPs a public inquiry into birth injuries is crucial following ‘surge’ in client cases

In a submission to a Westminster inquiry into the reasons behind an increasing number of birth trauma incidents across England, Hudgell Solicitors has told MPs the number of potential clients who believe their NHS maternity care was substandard continues to increase. “The number of inquiries we received during 2020 / 2021 increased dramatically,” said Maria […]

7 min read time
Start my claim