Charlotte Measures, a Legal Director in the NHS negligence team at Higgs LLP, has successfully secured a liability judgment in a complex child brain injury claim against University Hospitals of North Midlands NHS Trust.
Background
BNM, who was born at North Staffs Hospital in Stoke-on-Trent (part of University Hospitals of North Midlands NHS Trust), suffered severe brain damage as a result of events surrounding his birth. Due to his physical and cognitive injuries, he has significant ongoing therapy needs and requires lifelong care. His mother approached our specialist medical negligence team following a recommendation from another client whose child had also suffered a brain injury at birth.
Chronic partial hypoxic ischaemic insult (CPHII)
BNM suffered a chronic partial hypoxic ischaemic insult (CPHII) in the run-up to his birth and required resuscitation which initially appeared to have gone well. A chronic partial hypoxic ischaemic insult occurs when the blood and oxygen supply to the baby’s brain is reduced. It can lead to irreversible damage to the brain and other organs. BNM was born following a quick labour and with the umbilical cord wrapped twice around his neck. As part of the legal case, it was accepted that it is likely that he would have suffered some brain damage because of the chronic partial hypoxic ischaemic insult in any event.
Severe hypoglycaemia
However, in the hours following his birth, BNM also suffered severe hypoglycaemia (dangerously low blood sugar), which was not treated until some 4 hours after he was born. On behalf of BNM, it was alleged that his severe hypoglycaemia had caused brain damage in addition to that caused by chronic partial hypoxic ischaemic insult; and/or had materially contributed to his overall brain damage, so he was entitled to compensation for his entire injury.
Independent experts
Court proceedings were issued, and evidence secured from independent experts in midwifery, neonatology, neuroradiology, and paediatric neurology. The case then proceeded to exchange of expert reports and expert joint meetings, followed by a Round Table Settlement meeting at which a liability settlement of 55% was agreed in favour of BNM. The settlement was approved by the Court in July 2023.
A large interim payment of compensation has since been secured to enable BNM’s family to appoint a case manager and implement a care package.
Quantum investigations are now ongoing to establish BNM's lifelong needs and the total value of the claim. The claim is likely to be worth several million pounds.
Charlotte instructed Edward Bishop KC and Simon Trigger of Deka Chambers on behalf of BNM.
