A mother whose baby died of a genetic condition at just two months old has been awarded damages by a hospital trust after it admitted she should have been warned in early pregnancy that her daughter may be born with the life-threatening illness.
Hull University Teaching Hospitals NHS Trust admitted breaching its duty of care by not referring the mother, who was 19 at the time, to a specialist genetic team for counselling on the risks to her baby, when she was 12 weeks into her pregnancy.
The woman and her partner had previously tragically lost a child at just four-and-half months old, having been born with a rare genetic condition due to both parents being carriers of a mutated gene.
When she became pregnant again, her medical history should have triggered the management of her treatment to be passed to a specialist obstetric team, which would then have led to a review by a genetics team.
However, as that didn’t happen, the mother wrongly believed all was fine until she was informed at a check-up that at 36 weeks her baby was not putting on any weight and that she would need to be induced.
When her baby daughter was born via a caesarean section at close to 38 weeks, she was struggling to breathe and had to be transferred to neonatal care.
She was diagnosed with a birth condition associated with incomplete brain development, and a lethal form of Spinal Muscular Atrophy. The mother also suffered a secondary post-birth haemorrhage and needed treatment in theatre and for a wound infection.
They were eventually discharged home with the baby girl on palliative care, but she died at just two months.
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Legal case said termination should have been offered
Following her baby’s death, the woman sought legal advice from our medical negligence claims specialists at Hudgell Solicitors.
Our team investigated the case and made a claim for fatal medical negligence, and also wrongful birth – a medical term used for when babies are born with injuries or disabilities that doctors should have detected during pregnancy and informed the mother or parents of at the time.
As part of the case, led by legal experts Samantha Gardner and Michelle Nurse, it was alleged the Trust had failed to act accordingly given the genetic history of the family, and that it should have referred the mother to a genetics specialist.
It was alleged that had this happened, a diagnostic test would have been performed by 15 weeks, and the mother would have been told there was a one in four chance of her second baby being born with a life-threatening condition.
Had she been given that information, she would have accepted a medically induced termination before 18 weeks.
Trust admitted failings
The allegations were admitted by Hull University Teaching Hospitals NHS Trust, which offered the £75,000 damages settlement in recognition of the pain, suffering and loss of amenity caused in relation to the mother losing her baby after birth, for the wrongful birth itself, and for bereavement and funeral costs.
As part of the case, it was also alleged the mother was left suffering from pain following the infection from her caesarean section and with a reduced chance of having a successful birth without intervention in the future.
Ms Gardner, of Hudgell Solicitors’ medical negligence claims team, said:
This was obviously an extremely sad case and hugely traumatic for my client who, for the majority of her second pregnancy, believed she would be giving birth to a healthy baby.
She was only 17 at the time of the birth of her first child and did not fully understand the gravity of the genetic condition or her daughter’s likely illness.
However, she spoke of how the situation was very different with her second little girl as she had felt reassured that all was well throughout the pregnancy.
She remembers listening intently to hear her baby’s cry when she was born but heard nothing and knew immediately that something was wrong. The next thing she recalled was her little girl being taken swiftly away to care and being left alone in the theatre.
The failings of the trust in this case led to this mother enduring a second, heart-breaking loss of a baby just weeks after they had been born.
Of course, to have to choose a termination would not have been without significant trauma itself also, but it would certainly have been the option she would have chosen. In the end she had just a matter of weeks with her baby girl who she knew from the very first day of her life, would not be with them for long.
She suffered from post-traumatic stress disorder and a prolonged grief reaction following her baby’s death, having flashbacks of her emotions at the time, when she felt anger, guilt and helplessness.
She had quite significant grief-related issues in relation to her first daughter, which were then further confounded by the death of her second daughter. Looking forward, she has been left with a fear of falling pregnant again.
Wrongful birth claims ‘highly sensitive but essential’
Ms Nurse says Hudgell Solicitors has supported many mothers and parents in ‘wrongful birth’ claims, including some who have been helped to secure significant amounts of damages to provide specialist care for children born with life-limiting injuries. She said:
In our experience there are several disabilities which can be commonly missed or overlooked when mothers are having their routine scans during pregnancy, which are usually conducted at around 12 and 20 weeks.
Doctors should be aware of any potential genetic issues, based on family medical histories, and inform mothers and parents of potential harm or illness their baby may be born with.
It’s a highly sensitive and emotive part of legal work as seeking a compensation can sit uncomfortably with many parents given their unconditional love for their child.
However, for some, the prospect of having a child born with serious injuries, or facing lifelong health difficulties, would be considered potentially too much of a hardship and strain, leading them to taking the decision not to proceed with the pregnancy if fully informed and given that option.
In this scenario there is an established legal route to compensation to help families cope with the extra pressures and demands of raising an injured or disabled baby, and seeking that help is not something anybody should feel is wrong.
It is the reality of being left in a vulnerable situation where extra help and support is needed to raise a baby in the best possible way.
