01482 778 463

We're here to help 01482 778 463

CLAIM ONLINE
Hudgell Solicitors™ | Latest News | Hospital Trust admits fault for mother being wrongly told there were no ashes from baby’s cremation

Hospital Trust admits fault for mother being wrongly told there were no ashes from baby’s cremation

Clappison Hull Daily Mail


Hull and East Yorkshire Hospitals NHS Trust has finally admitted being at fault for a grieving mother being wrongly informed there would be no ashes from her stillborn baby’s cremation.

Claire Clappison, of Hull, launched legal action against the Trust in a bid to find answers as to why she was wrongly informed she would not receive any ashes from her son Hayden’s cremation, after he was stillborn at just 18 weeks in October 2003.

Hayden’s ashes were in fact kept in storage until 2013, something Mrs Clappison only discovered after making her own enquiries when it came to light that some babies’ ashes may have been retained without their parents’ knowledge.


She found that Hayden’s ashes had been stored at Co-operative Funeralcare, and although they were then returned to her with apologies from both the funeral directors and the Trust, both initially denied being responsible for the mix-up.

Mrs Clappison remembered being told in the days prior to Hayden’s cremation, that there would be no ashes.

She also, when looking back through her memories and paperwork relating to Hayden as it approached the anniversary of his birthday, found an information leaflet from Hull and East Yorkshire Women and Children’s Hospital, given to her at the time.

In the leaflet it clearly states there ‘will be no ashes left’. The leaflet was dated as having being produced in 1998 by Castle Hill Maternity Hospital.

Trust admits error but disputes causing psychiatric injury

Now, after almost a year-and-a-half after Mrs Clappison launched legal action in a bid to secure answers and admissions, the Trust has finally admitted responsibility.

However, it still denies that its error caused any ‘recognisable psychiatric injury’, as has been claimed as part of the legal case.

Whilst welcoming the admission of error, Mrs Clappison says it is ‘dismissive’ and shows a ‘lack of understanding’ of what she has been through to deny causing any psychological harm.

“It has been really important to me to find out exactly what happened and who gave me the wrong information at the time, and I am glad that the Trust has now accepted it did give me the wrong information,” said Mrs Clappison, 37.

“I can’t understand though how they can say this hasn’t had a huge impact on me psychologically. Finding out Hayden’s ashes were in storage after a decade brought everything back to me. I had come to terms with what had happened and had dealt with the huge loss in my life, but this has meant both me and my family reliving it again.

“After going through the difficulties of losing your baby, and then the funeral, you feel like you come away with nothing to remember your baby with when there are no ashes. It is particularly hard at times like birthdays and Christmas, when you really need to have something to be able to remember and reflect.

“Then, when you suddenly find the ashes have been kept in storage, you relive your loss, as do your family. I have two children aged 12 and 14 now who were unaware, but we’ve had to explain to them what happened, and my ex-husband has had to go through it again.

“To dispute that they’ve caused me any psychological suffering is dismissive and shows they don’t understand what I have been through. I guess nobody can understand it if you’ve not been through it, but that doesn’t mean you can dismiss it.

“It has been on my mind every day for the past three-and-a-half years since I found out that Hayden’s ashes were just around the corner from where I lived for 10 years.

“Hopefully major lessons will have been learned as a result. It can’t be allowed to happen to any more to parents who suffer so much by the loss of their baby. It is completely unacceptable and inexcusable. Hopefully other parents who were also given the wrong information will also now receive an apology too.”

Hudgell Solicitors asking questions on behalf of seven more families

Andrew Petherbridge, of Hudgell Solicitors, represents Mrs Clappison and hopes the admission will help with bringing some closure for her after more than 13 years.

He is currently representing another seven families who also claim they were wrongly informed there would be no ashes from the cremations of their babies by the same Trust, and says he will now seek further clarity on those cases in relation of this admission.

The common theme in all cases – which date back as long as 23 years – has been that parents were either told by a representative that there would be no ashes, or they received a leaflet from the Trust.

What is now clear is the fact that the Trust has admitted that it was in some circumstances giving out the wrong information to parents, and it is highly unlikely that this happened just this once in the case of Mrs Clappison, but to many others too.

It is clear that Mrs Clappison was given the wrong information at the time about there being no ashes following Hayden’s cremation. If it were not for her being given this wrong advice she would have collected her son’s ashes.

As a result, for 10 years she reasonably believed that there were no ashes, only to find that they had been sat on a shelf at the funeral directors. The effect of this, discovering her son’s ashes had been kept in storage for a decade just around the corner from where she lived, has been enormous.

*Image from Hull Daily Mail

No Comments

Leave a Reply

*Required

The Author

author image

Andrew Petherbridge

Team Supervisor and Chartered Legal Executive, Civil Liberties

ap@hudgellsolicitors.co.uk

Request a callback

Request a callback from a solicitor

 I am an existing client.









Looking to see if you're eligible?

Get in touch for free legal advice

0808 159 7699

Call today to speak to an expert

OR
Start your claim

What Our Clients Think

trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Overall happy with Hudgell service.

"Overall happy with Hudgell service. The only thing what I would suggest to improve is… "

Miss Izabela

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Due to a serious illness that …

"Due to a serious illness that progressively become life threatening due to a misdiagnocice. I… "

Mr Stewart Gowan

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

During the time of my claim Paul cain …

"During the time of my claim Paul cain has been brilliant at keeping me informed… "

Mrs Lynette Burton

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Excellent solicitors from start to …

"Excellent solicitors from start to finish. Highly recommended. Well be using them again in future.… "

Mr Michael Bentley

trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Honest and reliable

"Honest and reliable. My solicitor was available whenever i needed to speak to her."

Miss Leanne Widdowson

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Very professional from start to finish

"Very professional from start to finish, kept me informed every step of the way."

Mr Alan Walter Driscoll

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

5 STAR SOLICITORS

"Excellent company I would without doubt recommend this company for the way they handled my… "

JASON NOONAN

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

I am extremely happy with the way my case has been handled

"I am extremely happy with the way my case is being handled and so far… "

Mr Dennis Stacey

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

When I had an accident at work

"When I had an accident at work, my next door neighbour told me to make… "

Mr John Bottomley

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Absolutely brilliant service from start …

"Absolutely brilliant service from start to finish. Was kept up to date with proceedings .… "

Mr Malcolm Smart

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

I couldn't praise hudgell solicitor's enough

"I couldn't praise hudgell solicitors high enough,I was kept in the know throughout my claim… "

Ashley

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Excellent service and really quick pay …

"Excellent service and really quick pay out. Would highly recommend them to friends and family...Thank… "

Mr Stephen Lawry

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Rebecca Cone was amazing

"Rebecca Cone was amazing! No delays No hassle No complications Quick turn over! Constantly been… "

Chelsea

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

I was extremely happy with the way my …

"I was extremely happy with the way my case was dealt with by Hudgell Solicitors.… "

Mrs Karen Chys

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Regular contact with client

"Regular contact with client, prompt response to any queries. Professional and courteous."

Mrs Catherine Wilson

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Friendly

"Friendly, efficient & supportive staff throughout"

Paul Westmorland

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Hudgell Solicitors helped me with my … Needle Stick Injury.

"Hudgell Solicitors helped me with my claim for a Needle stick injury which occurred in… "

Tammy Chivers

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Hudgell solicitors did a great job

"Hudgell solicitors did a great job. I was kept in the loop every step of… "

Ms Jemma Rex

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

I cannot thank Hudgel enough for all of …

"I cannot thank Hudgel enough for all of there help advice and support! Very professional… "

Mrs Amy Urwin

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

good contacts

"good contacts . nice system"

Mrs Paulina Kucharska

Rated 9.4 out of 10 based on 369 reviews

Powered by Trustpilot

© 2017 Hudgell Solicitors®. All Rights Reserved.

Hudgell Solicitors is a trading name of Neil Hudgell Limited | Director Dr. Neil Hudgell MA LLB (Hons) LLD | Registered in England No. 7078429 | Authorised and Regulated by the Solicitors Regulation Authority | SRA No. 521372 | VAT Registration No. 254 7802 90