Birth injuries can have devastating, lifelong consequences for children and their families. While the vast majority of births in the UK occur without incident, when things go wrong, mothers and children can be faced with lasting conditions, including brain injury, cerebral palsy, brachial plexus injury, Erb's palsy and facial paralysis.
It’s not always the case, but birth injuries can be the result of medical negligence by anyone involved in the delivery or immediate aftercare, but often a doctor or midwife.
The Birth Trauma Inquiry, launched by The All-Party Parliamentary Group and published in 2024, found there was inconsistent care for pregnant women across the UK, both during and after labour. More than 1,300 women took part - and some told of their traumatic birth experiences and the avoidable consequences.
In the West Midlands, there has been a major investigation into failings in maternity care at The Shrewsbury and Telford Hospital NHS Trust, leading to millions of pounds of compensation payouts.
Statistics on birth injury claims
In recent years, the NHS has faced a number of high-profile, high-value birth injury claims, reflecting the enormous ongoing care costs associated with severe birth-related disabilities.
According to NHS Resolution, which handles clinical negligence claims on behalf of the NHS in England, maternity cases account for a disproportionate amount of compensation paid out. In 2022/23:
- Maternity claims represented 41% by value of all medical negligence claims
- The total cost of maternity claims was £1.1 billion in 2022-23
The high values stem from the lifetime care needs of children left with severe disabilities like cerebral palsy.
Brain damage was the most common type of birth injury claim between 2017 and 2023. NHS Resolution data shows that, during this period, there were 730 claims related to brain damage caused to babies during birth.
Prominent high-value birth injury cases
Several birth injury cases in recent years have resulted in eye-watering compensation awards:
£30 million settlement (2024)
In 2024, Stockport NHS Foundation Trust settled for almost £30 million after a baby girl suffered catastrophic injuries shortly after birth.
The girl appeared healthy upon birth but was soon in distress. The court found she had suffered cerebral palsy due to poor postnatal care and delays in performing surgery.
She will require lifelong care, and the family's barrister said the impact on the whole family had been “devasting”.
£37 million settlement (2018)
A six-year-old boy received £37m in compensation from the NHS after he suffered a “catastrophic” brain injury after his birth at Watford General Hospital.
The child contracted the herpes simplex virus, which led to a brain fever.
His barrister said there was a two-day delay in giving the boy an antiviral drug, causing eyesight and communication problems as well as cognitive and movement difficulties.
At the time, the payout was the highest award ever in a clinical negligence case against the NHS.
£21 million settlement (2023)
A boy who was left with severe cerebral palsy as a result of oxygen deprivation at birth won a £21m settlement from a never-named London NHS trust.
The court concluded that the care his mother received during labour was sub-standard, and his injuries followed as a result.
He received a lump sum of £7m and £700,000 a year for the rest of his life, expected to reach more than £21m.
Delivered by emergency caesarean following uterine rupture, the boy has a profound learning disability and is unable to sit, stand, walk unaided or speak. He requires two people to care for him around the clock.
£27 million settlement (2023)
A 10-year-old was awarded £27 million after being diagnosed with quadriplegic cerebral palsy.
It was found that his condition was caused as a result of negligent care at Chelsea and Westminster NHS Foundation Trust.
Brain damage occurred due to severe hypoglycaemia when his blood glucose levels fell to a dangerously low level, leading to seizures.
The hospital failed to manage the boy's feeding and glucose levels in accordance with its own protocols, it was ruled.
£17 million settlement (2023)
In 2023 the NHS agreed to pay compensation totalling more than £17m to a 19-year-old man for the injuries he sustained during birth.
The man, born in 2004 at the Royal London Hospital, has lived with cerebral palsy and cognitive impairment after he sustained a severe hypoxic brain injury shortly before he was delivered by emergency caesarean.
Factors driving high-value claims
Several factors contribute to the extremely high values seen in birth injury compensation claims:
Lifetime care needs: Children with severe birth-related disabilities often require round-the-clock care for life. Compensation must cover professional carers, therapies, medical treatments and specialised equipment.
Loss of earnings: Awards factor in the child's inability to work and earn an income in adulthood due to their disabilities.
Accommodation costs: Many families require specially adapted housing to meet the needs of a severely disabled child. Compensation often includes funds for suitable accommodation.
Inflation and life expectancy: Annual payments are typically index-linked to account for rising care costs over a child's lifetime. Improved life expectancy for people with disabilities also increases overall compensation.
Legal costs: The complex nature of birth injury claims means legal fees can be substantial, further increasing the total value of settlements.
Birth injury and neonatal claims are the only type of medical negligence claims where it is still possible to secure legal aid (public funding) to help meet the costs of investigating and pursuing the claim. Our team is proud to be approved by the Legal Aid Agency to offer this funding arrangement to our clients.
Efforts to reduce birth injuries
The financial and human costs of birth injuries have spurred efforts to improve maternity safety in the NHS. Key initiatives include:
The Maternity and Neonatal Safety Improvement Programme - Updated in 2021, this programme aims to ensure that all women have a high-quality healthcare experience across all settings in England.
Each Baby Counts: This Royal College of Obstetricians and Gynaecologists project analyses all UK cases of stillbirth, neonatal death, and severe brain injury during term labour to identify improvement areas.
Early Notification Scheme: Introduced in 2017, this scheme aims to speed up investigations and compensation for families affected by severe birth-related brain injury.
Challenges and controversies
While high-value settlements provide vital support for affected families, they also pose challenges for the NHS:
Financial strain: The rising cost of clinical negligence claims, particularly in maternity, puts pressure on NHS budgets. In 2022/23, clinical negligence costs accounted for £2.67 billion of NHS spending.
Defensive medicine: Concerns exist that fear of litigation may lead to overly cautious practices, potentially increasing caesarean section rates.
Blame culture: There are ongoing debates about balancing accountability with creating a learning culture in maternity services.
Reform proposals: Various proposals have been put forward to reform the clinical negligence system, including fixed costs for lower-value claims and alternative compensation schemes.
Conclusion
High-value birth injury claims reflect the catastrophic impact these incidents have on children and families. While such claims represent a small fraction of births, their financial and human costs are immense.
Ongoing efforts to improve maternity safety are crucial to reducing these tragic incidents and their associated costs to the NHS. However, when negligence does occur, fair compensation remains vital to support affected families and ensure quality of life for injured children.
