The trust which runs Grimsby's hospital has agreed to pay compensation which could eventually amount to £6.5 million after admitting that mistakes caused a baby to be born with brain damage.
The money was awarded to Cody Lyster-Hughes, formerly of Louth, after an eight-and-a-half year legal battle.
Cody’s mother Caroline Lyster was admitted to Diana Princess of Wales Hospital, Grimsby in April 2005 with an infection when she was seven-and-a-half months pregnant. She was treated with antibiotics and steroids but was discharged from hospital and sent home, before a pathology report was produced.
In fact tests showed that she had e-coli. By the time she was re-admitted to hospital four days later the infection had already passed to the foetus. She gave birth seven weeks premature and Cody was delivered with brain damage.
Wendy Booth, director of performance assurance across Northern Lincolnshire and Goole NHS Foundation Trust, said: “The Trust is pleased that agreement has been reached with the parents of Cody Lyster-Hughes in respect of his claim arising from the antenatal management which led to premature labour and Cody’s cerebral palsy.
“An apology has been provided and a settlement agreed which will be used to secure Cody’s future and provide him with the care and therapies he requires.
“The Trust regrets the lapse in standards which led to Cody suffering this injury and wishes Cody and his family well for the future.”
This article is courtesy of the Grimsby Telegraph.
Regularly updated blog featuring news, articles and information relating to clinical/medical negligence.
Showing posts with label Brain Damage. Show all posts
Showing posts with label Brain Damage. Show all posts
Monday, 13 October 2014
Monday, 30 June 2014
Brain injured girl, 11, wins right to compensation payout
Millie Bowers will never lead a fully independent life due to brain injuries blamed on mistakes by medics at Guildford's Royal Surrey County Hospital.
An 11-year-old girl, stricken by "catastrophic" brain injuries blamed on mistakes by medics at the Royal Surrey County Hospital, has won the right to a compensation pay-out in London's High Court.
Millie Bowers cannot walk unaided and will never lead a fully independent life due to a brain fever that developed in the months after her birth in September 2002.
Although a ‘sparky and animated’ youngster, she has lifelong learning difficulties, Mrs Justice Carr told the court on Wednesday June 25.
Millie was born prematurely while her parents were on holiday in Turkey in autumn 2002, and she developed a meningitis-like infection in the weeks after her delivery.
The family lived in Surrey at the time, and she was rushed to the Royal Surrey when just 25 days old, her QC, James Badenoch, told the court, and seemed to be making ‘satisfactory’ progress after being given antibiotics.
However, the barrister claimed medical staff at the hospital negligently failed to refer her for specialist neurological treatment to deal with a dangerous build-up of fluid within her brain.
By the time she was referred to London’s Kings College Hospital for surgery in December 2002 it was too late to save her from brain damage, it was claimed.
Millie – who is suing through her father Andrew Bowers – claimed damages from the Royal Surrey County Hospital NHS Foundation Trust, which admitted negligence.
Mrs Justice Carr said the trust had made an ‘early admission of breach of duty’ in failing to refer Millie to a specialist unit by late November 2002.
She said the issue of precisely what caused Millie's permanent disabilities remained ‘very much in issue,’ since lawyers for the NHS Trust insisted that her injuries were all but irreversible by late November.
Mr Badenoch acknowledged that, had the case gone to trial, Millie would have faced substantial ‘litigation risks’.
However, he described the process of referring Millie to specialists as ‘frankly shambolic’.
Michael De Navarro QC, for the trust, said the referral delay may have been due to fault on the part of other hospitals.
Mr Badenoch told the judge both sides had finally been able to hammer out a settlement which eliminated the need for a contested trial from which Millie could have come away with nothing.
The trust agreed to compensate the youngster on the basis of 75% of the full value of her claim.
Approving the deal, Mrs Justice Carr paid tribute to Millie and her parents’ ‘selfless devotion’ over the years.
The amount of Millie’s compensation will be assessed at a later date. Even after a 25% deduction, her award is likely to run well into seven figures in order to pay the lifetime of care and assistance she will need.
“The assessment of damages can hopefully be completed as soon as possible to bring some finality to this case,” said Justice Carr.
This article is courtesy of Get Surrey.
An 11-year-old girl, stricken by "catastrophic" brain injuries blamed on mistakes by medics at the Royal Surrey County Hospital, has won the right to a compensation pay-out in London's High Court.
Millie Bowers cannot walk unaided and will never lead a fully independent life due to a brain fever that developed in the months after her birth in September 2002.
Although a ‘sparky and animated’ youngster, she has lifelong learning difficulties, Mrs Justice Carr told the court on Wednesday June 25.
Millie was born prematurely while her parents were on holiday in Turkey in autumn 2002, and she developed a meningitis-like infection in the weeks after her delivery.
The family lived in Surrey at the time, and she was rushed to the Royal Surrey when just 25 days old, her QC, James Badenoch, told the court, and seemed to be making ‘satisfactory’ progress after being given antibiotics.
However, the barrister claimed medical staff at the hospital negligently failed to refer her for specialist neurological treatment to deal with a dangerous build-up of fluid within her brain.
By the time she was referred to London’s Kings College Hospital for surgery in December 2002 it was too late to save her from brain damage, it was claimed.
Millie – who is suing through her father Andrew Bowers – claimed damages from the Royal Surrey County Hospital NHS Foundation Trust, which admitted negligence.
Mrs Justice Carr said the trust had made an ‘early admission of breach of duty’ in failing to refer Millie to a specialist unit by late November 2002.
She said the issue of precisely what caused Millie's permanent disabilities remained ‘very much in issue,’ since lawyers for the NHS Trust insisted that her injuries were all but irreversible by late November.
Mr Badenoch acknowledged that, had the case gone to trial, Millie would have faced substantial ‘litigation risks’.
However, he described the process of referring Millie to specialists as ‘frankly shambolic’.
Michael De Navarro QC, for the trust, said the referral delay may have been due to fault on the part of other hospitals.
Mr Badenoch told the judge both sides had finally been able to hammer out a settlement which eliminated the need for a contested trial from which Millie could have come away with nothing.
The trust agreed to compensate the youngster on the basis of 75% of the full value of her claim.
Approving the deal, Mrs Justice Carr paid tribute to Millie and her parents’ ‘selfless devotion’ over the years.
The amount of Millie’s compensation will be assessed at a later date. Even after a 25% deduction, her award is likely to run well into seven figures in order to pay the lifetime of care and assistance she will need.
“The assessment of damages can hopefully be completed as soon as possible to bring some finality to this case,” said Justice Carr.
This article is courtesy of Get Surrey.
Wednesday, 25 June 2014
Boy, 7, awarded £8 million compensation package after care "deficiencies"
A seven-year-old boy stricken by catastrophic brain damage after his birth at Queen’s Medical Centre has won an £8 million compensation package - plus a public apology for the "deficiencies" in his care.
The boy, who cannot walk or speak, was left with profound lifelong cerebral palsy after medics mishandled desperate attempts to resuscitate him following his delivery at the hospital in November 2006, London's High Court heard.
Mr Justice Lewis, who approved a settlement designed to meet all the youngster's lifetime needs, said he had "suffered complications" following his birth, after which hospital staff "failed to provide adequate treatment for him".
"There were deficiencies in the way the hospital dealt with the need to resuscitate him", said the judge, who added that the hospital has "since taken steps to correct what went wrong so that other families won't be faced with the same difficulties".
The boy, from Nottingham, is able to smile and respond to his large family - whose devoted care was today praised by the judge.
But he also needs a team of carers to get him through the day and has acute learning difficulties, his lawyers disclosed after the short hearing.
The case reached the High Court as his parents sought the judge's approval for a compensation package to be met by the hospital's managers, the Nottingham University Hospitals NHS Trust, which admitted liability.
The lad's mum was in court to hear the NHS Trust's barrister, William Wraight, publicly apologise for the post natal blunders.
"There were deficiencies in the provision of resuscitation on that day but these problems have been identified and corrected," said Mr Wraight.
Mr Justice Lewis approved a settlement which takes the form of a £3.25 million lump sum, plus annual, index-linked and tax-free payments to cover the enormous costs of his care for life.
Those payments will start at £146,500-a-year, rising to £230,000 beyond the age of 19. Lawyers estimate the total settlement will be worth between £8 million and £9 million over the boy's lifetime.
Mr Justice Lewis said he was satisfied the settlement was "just and appropriate", also commending the boy's parents and family, saying: "He is really lucky to have a family like this. I wish them all well."
Nottingham University Hospitals NHS Trust has apologised to the family.
Chief executive Peter Homa, said: “We reiterate our sincere and unreserved apologies to the family.
“Whilst no amount of money can compensate for nor undo the harm and distress the family have experienced as a result of this tragic case, we hope this settlement provides the family with financial security for the future.”
This article is courtesy of the Nottingham Post.
The boy, who cannot walk or speak, was left with profound lifelong cerebral palsy after medics mishandled desperate attempts to resuscitate him following his delivery at the hospital in November 2006, London's High Court heard.
Mr Justice Lewis, who approved a settlement designed to meet all the youngster's lifetime needs, said he had "suffered complications" following his birth, after which hospital staff "failed to provide adequate treatment for him".
"There were deficiencies in the way the hospital dealt with the need to resuscitate him", said the judge, who added that the hospital has "since taken steps to correct what went wrong so that other families won't be faced with the same difficulties".
The boy, from Nottingham, is able to smile and respond to his large family - whose devoted care was today praised by the judge.
But he also needs a team of carers to get him through the day and has acute learning difficulties, his lawyers disclosed after the short hearing.
The case reached the High Court as his parents sought the judge's approval for a compensation package to be met by the hospital's managers, the Nottingham University Hospitals NHS Trust, which admitted liability.
The lad's mum was in court to hear the NHS Trust's barrister, William Wraight, publicly apologise for the post natal blunders.
"There were deficiencies in the provision of resuscitation on that day but these problems have been identified and corrected," said Mr Wraight.
Mr Justice Lewis approved a settlement which takes the form of a £3.25 million lump sum, plus annual, index-linked and tax-free payments to cover the enormous costs of his care for life.
Those payments will start at £146,500-a-year, rising to £230,000 beyond the age of 19. Lawyers estimate the total settlement will be worth between £8 million and £9 million over the boy's lifetime.
Mr Justice Lewis said he was satisfied the settlement was "just and appropriate", also commending the boy's parents and family, saying: "He is really lucky to have a family like this. I wish them all well."
Nottingham University Hospitals NHS Trust has apologised to the family.
Chief executive Peter Homa, said: “We reiterate our sincere and unreserved apologies to the family.
“Whilst no amount of money can compensate for nor undo the harm and distress the family have experienced as a result of this tragic case, we hope this settlement provides the family with financial security for the future.”
This article is courtesy of the Nottingham Post.
Friday, 20 June 2014
Parents of brain damaged woman tell of lifelong struggle to care for daughter and why they blame 'forgotten Thalidomide' pill for her condition
Parents of brain damaged woman tell of lifelong struggle to care for daughter and why they blame 'forgotten Thalidomide' pill for her condition
Rose and Bobby Stallard were thrilled when their longed-for daughter Elizabeth was born after a normal pregnancy and uncomplicated, natural home delivery.
The couple already had two boys and baby Elizabeth was another blessing in their family.
But just months later they were told their daughter had brain damage. Then their lives changed forever.
Now they have spoken about their lifelong struggle to care for their daughter, who they believe was damaged by a commonly prescribed pill known as the “forgotten Thalidomide”.
It was prescribed to pregnant women in the 1960s and 1970s.
Now Rose and Bobby, of Chapelhall, Lanarkshire – along with numerous other families who claim the pill caused miscarriages and birth defects – are relaunching a fight to get compensation for their daughter, who is now 44 years old.
But most of all they want answers as to why they were given a drug that was removed from the market in 1978 after 1.5million pregnant women in the UK had taken it.
Rose, 67, was given Primodos, an oral hormone test, which was used to determine if women were pregnant.
She said: “I was told to take one Primodos tablet in the morning and one at night.
“The doctor said if I didn’t bleed then I was pregnant but I did and it wasn’t until I went back weeks later that it turned out I really was having a baby.
“My pregnancy with Elizabeth went without a hitch.
“She was delivered at home in June 1970 without any drugs and my husband Bobby and I were happy to have our little bundle.”
But Rose, also mum to George, 48, William, 47, and Bobby, 41, said that within the first year they noticed Elizabeth was not progressing at the same rate as her niece of the same age.
She said: “I went to the doctor who examined her, then sent us to Yorkhill where a doctor flatly told me, ‘Your daughter is brain damaged’. Bobby and I were in pieces. We didn’t know what to do. Something had happened to our child and no one could tell me what, when or why.”
For years Rose felt she had nowhere to turn until she read the plight of another mother in the Daily Record in the late 1970s who, like her, had taken Primodos and had a child with disabilities.
And Rose believed Elizabeth could have been damaged by the drug, too.
As she looked into it, she found women across the UK who took the drug had given birth to babies with missing limbs, problems with their organs and other birth defects. The couple then got in touch with the Association For Children Damaged By Hormone Pregnancy Testing.
Rose said: “There were people who have been born without limbs, some deformed, women who had miscarried – the list was just endless.
“But what we all had in common was that we had taken the Primodos drug during pregnancy with no warnings.”
Primodos was used by GPs to determine whether a woman was pregnant until 1978.
Rose only took Primodos when she was expecting Elizabeth.
Bobby, 68, said: “Elizabeth was a beautiful little girl and, with two boys by that point, we were so excited to have a daughter. Instead, she has been so badly affected she cannot feed, bathe or dress herself.
“I’ll never be able to walk my little girl down the aisle, she will never have a family of her own and, as we get older, we worry about who will care for her when we are not here to look after her.
“We trusted in the National Health Service. I’d like to know why this drug was ever given the go-ahead.”
The couple are also waiting for Elizabeth, who was diagnosed by doctors at Yorkhill sick children’s hospital in Glasgow as having brain damage, to have a brain scan – something she’s never been offered.
Rose said: “I understand that handing out brain scan appointments wasn’t the norm 40 years ago but we are still asking for one now.
“But no matter how we ask, the doctors have not as yet, in four decades, given her a brain scan. We feel like they’ve already written her off.”
In 1982, a group action against Schering Chemicals, the pharmaceutical company that produced Primodos, was shelved.
But the recent discovery of documents at the National Archives in London has prompted victims to demand a government investigation and a review of a legal action that failed more than 30 years ago.
It has now emerged that 26 studies from 1960 onwards suggested the drug may have caused miscarriages and birth defects, yet it remained on the market.
Campaigners are now pushing for a public inquiry and compensation for victims.
Rose added: “I hope that it is proved the drug was responsible for what happened to all these children.
“I hope that finally gives families like ours some relief that someone has owned up for what they have done to our lives.”
Marie Lyon, chairperson of the Association For Children Damaged By Hormone Pregnancy Testing, said: “Our aim is to finally obtain the facts hidden in sealed files to prove the negligence of the Committee On Safety Of Medicines. An all-party parliamentary group are holding a meeting today in the House of Commons, after delivering a petition to Downing Street.
“Our determination to obtain the truth about the failure of the Committee On Safety Of Medicines is unshakeable.”
A spokesperson for Bayer, which acquired Schering in 2006, said: “Bayer denies Primodos was responsible for causing any deformities in children.
“UK litigation in respect of Primodos against Schering ended in 1982 when the claimants’ legal team, with the approval of the court, decided to discontinue the litigation on the grounds that there was no realistic possibility of showing that Primodos caused the congenital abnormalities alleged.
“Since the discontinuation of the legal action in 1982, no new scientific knowledge has been produced that would call into question the validity of the previous assessment.”
A spokesperson for NHS Lanarkshire said: “While we cannot discuss the details of individual cases due to patient confidentiality, we are fully aware of this family’s situation and are continuing to work with them to reach a satisfactory conclusion.
“Any decision to refer a patient for any further investigation is based on a range of factors, which take into consideration the patient’s overall condition.
“We would urge the family to contact our patient affairs department directly.”
This article is courtesy of the Daily Record.
Rose and Bobby Stallard were thrilled when their longed-for daughter Elizabeth was born after a normal pregnancy and uncomplicated, natural home delivery.
The couple already had two boys and baby Elizabeth was another blessing in their family.
But just months later they were told their daughter had brain damage. Then their lives changed forever.
Now they have spoken about their lifelong struggle to care for their daughter, who they believe was damaged by a commonly prescribed pill known as the “forgotten Thalidomide”.
It was prescribed to pregnant women in the 1960s and 1970s.
Now Rose and Bobby, of Chapelhall, Lanarkshire – along with numerous other families who claim the pill caused miscarriages and birth defects – are relaunching a fight to get compensation for their daughter, who is now 44 years old.
But most of all they want answers as to why they were given a drug that was removed from the market in 1978 after 1.5million pregnant women in the UK had taken it.
Rose, 67, was given Primodos, an oral hormone test, which was used to determine if women were pregnant.
She said: “I was told to take one Primodos tablet in the morning and one at night.
“The doctor said if I didn’t bleed then I was pregnant but I did and it wasn’t until I went back weeks later that it turned out I really was having a baby.
“My pregnancy with Elizabeth went without a hitch.
“She was delivered at home in June 1970 without any drugs and my husband Bobby and I were happy to have our little bundle.”
But Rose, also mum to George, 48, William, 47, and Bobby, 41, said that within the first year they noticed Elizabeth was not progressing at the same rate as her niece of the same age.
She said: “I went to the doctor who examined her, then sent us to Yorkhill where a doctor flatly told me, ‘Your daughter is brain damaged’. Bobby and I were in pieces. We didn’t know what to do. Something had happened to our child and no one could tell me what, when or why.”
For years Rose felt she had nowhere to turn until she read the plight of another mother in the Daily Record in the late 1970s who, like her, had taken Primodos and had a child with disabilities.
And Rose believed Elizabeth could have been damaged by the drug, too.
As she looked into it, she found women across the UK who took the drug had given birth to babies with missing limbs, problems with their organs and other birth defects. The couple then got in touch with the Association For Children Damaged By Hormone Pregnancy Testing.
Rose said: “There were people who have been born without limbs, some deformed, women who had miscarried – the list was just endless.
“But what we all had in common was that we had taken the Primodos drug during pregnancy with no warnings.”
Primodos was used by GPs to determine whether a woman was pregnant until 1978.
Rose only took Primodos when she was expecting Elizabeth.
Bobby, 68, said: “Elizabeth was a beautiful little girl and, with two boys by that point, we were so excited to have a daughter. Instead, she has been so badly affected she cannot feed, bathe or dress herself.
“I’ll never be able to walk my little girl down the aisle, she will never have a family of her own and, as we get older, we worry about who will care for her when we are not here to look after her.
“We trusted in the National Health Service. I’d like to know why this drug was ever given the go-ahead.”
The couple are also waiting for Elizabeth, who was diagnosed by doctors at Yorkhill sick children’s hospital in Glasgow as having brain damage, to have a brain scan – something she’s never been offered.
Rose said: “I understand that handing out brain scan appointments wasn’t the norm 40 years ago but we are still asking for one now.
“But no matter how we ask, the doctors have not as yet, in four decades, given her a brain scan. We feel like they’ve already written her off.”
In 1982, a group action against Schering Chemicals, the pharmaceutical company that produced Primodos, was shelved.
But the recent discovery of documents at the National Archives in London has prompted victims to demand a government investigation and a review of a legal action that failed more than 30 years ago.
It has now emerged that 26 studies from 1960 onwards suggested the drug may have caused miscarriages and birth defects, yet it remained on the market.
Campaigners are now pushing for a public inquiry and compensation for victims.
Rose added: “I hope that it is proved the drug was responsible for what happened to all these children.
“I hope that finally gives families like ours some relief that someone has owned up for what they have done to our lives.”
Marie Lyon, chairperson of the Association For Children Damaged By Hormone Pregnancy Testing, said: “Our aim is to finally obtain the facts hidden in sealed files to prove the negligence of the Committee On Safety Of Medicines. An all-party parliamentary group are holding a meeting today in the House of Commons, after delivering a petition to Downing Street.
“Our determination to obtain the truth about the failure of the Committee On Safety Of Medicines is unshakeable.”
A spokesperson for Bayer, which acquired Schering in 2006, said: “Bayer denies Primodos was responsible for causing any deformities in children.
“UK litigation in respect of Primodos against Schering ended in 1982 when the claimants’ legal team, with the approval of the court, decided to discontinue the litigation on the grounds that there was no realistic possibility of showing that Primodos caused the congenital abnormalities alleged.
“Since the discontinuation of the legal action in 1982, no new scientific knowledge has been produced that would call into question the validity of the previous assessment.”
A spokesperson for NHS Lanarkshire said: “While we cannot discuss the details of individual cases due to patient confidentiality, we are fully aware of this family’s situation and are continuing to work with them to reach a satisfactory conclusion.
“Any decision to refer a patient for any further investigation is based on a range of factors, which take into consideration the patient’s overall condition.
“We would urge the family to contact our patient affairs department directly.”
This article is courtesy of the Daily Record.
Friday, 30 May 2014
'Traumatised' mother suing health board for £300k claiming medical negligence caused her baby brain damage
A mother and daughter are suing a health board for a minimum of £300,000 claiming medical negligence caused her baby’s chronic brain damage and her own lasting psychological trauma.
Her mother initially believed her daughter was born dead and was so traumatised by the manner of the birth she claims she suffered psychiatric injury and later gave up her daughter for adoption.
It’s alleged the baby was born with cerebral palsy due to a negligent birth delivery and there was a failure to properly monitor her mother during labour, in a claim lodged with the High Court of Justice.
Now aged seven, the little girl’s condition is so extreme she has been left a prisoner in her own body, unable to walk or talk or ever lead an independent life of her own, it says.
It means the mother and daughter’s unique legal action includes the girl’s guardian who is acting as an official litigation friend.
All three, from Caerphilly, claim negligence by nursing staff at Aneurin Bevan Local Health Board caused “fetal hypoxia,” meaning the unborn child was deprived of an adequate supply of oxygen.
The girl was born in 2006 with her umbilical cord wrapped tightly around her neck on delivery.
Documentation for the claim describes her as being “blue in colour and apparently lifeless” when placed on her mother’s chest, moments after being born.
Despite rapid action taken to resuscitate her, “spontaneous breathing” was not achieved until 35 minutes after her birth.
Records written by a medic after her birth state: “Did not cry at birth. Airways opening manoeuvres and suction done and IPPV (or manual chest massage) by midwife.”
Lawyers acting for the family claim her brain damage was “entirely due” to oxygen deprivation at Caerphilly Birthing Centre.
They allege a series of medical shortcomings by nursing professionals including failure to properly monitor the baby’s heart and other vital signs or record the mother’s raised temperature.
They also allege a midwife was absent from the birthing room for up to 20 minutes at a time during the late stages of labour and there was a failure to call in expert assistance early enough.
The family claim that there was a failure to “arrange immediate or prompt transfer to the main obstetric unit at the Royal Gwent Hospital” in Newport following the birth.
Lawyers claim that the outcome is that the baby was left suffering “spastic quadriplegic cerebral palsy with very little volitional movement”.
It adds: “She displays severe epilepsy, severe cortical visual impairment, double incontinence and major learning difficulties.
“She will never be able to walk, talk or lead an independent existence. Her disability is at the most extreme end of that which can be seen in childhood cerebral palsy.”
The case against the health board also alleges that there was a breach of duty in the care that the mother received, that also amounts to negligence.
The mother was so shocked by the manner of the birth and the subsequent health of her daughter she developed severe post traumatic stress disorder (PTSD), it states.
The documents add that she “struggled to cope with looking after a severely disabled baby for six or seven months when she took the difficult decision to give her up for adoption.” It concludes that the family are claiming “damages exceeding £300,000” as well as lost interest and legal costs.
A spokesman for the Aneurin Bevan Local Health Board said: “As this is a legal case under investigation it would not be appropriate to comment.”
This article is courtesy from Wales Online.
Her mother initially believed her daughter was born dead and was so traumatised by the manner of the birth she claims she suffered psychiatric injury and later gave up her daughter for adoption.
It’s alleged the baby was born with cerebral palsy due to a negligent birth delivery and there was a failure to properly monitor her mother during labour, in a claim lodged with the High Court of Justice.
Now aged seven, the little girl’s condition is so extreme she has been left a prisoner in her own body, unable to walk or talk or ever lead an independent life of her own, it says.
It means the mother and daughter’s unique legal action includes the girl’s guardian who is acting as an official litigation friend.
All three, from Caerphilly, claim negligence by nursing staff at Aneurin Bevan Local Health Board caused “fetal hypoxia,” meaning the unborn child was deprived of an adequate supply of oxygen.
The girl was born in 2006 with her umbilical cord wrapped tightly around her neck on delivery.
Documentation for the claim describes her as being “blue in colour and apparently lifeless” when placed on her mother’s chest, moments after being born.
Despite rapid action taken to resuscitate her, “spontaneous breathing” was not achieved until 35 minutes after her birth.
Records written by a medic after her birth state: “Did not cry at birth. Airways opening manoeuvres and suction done and IPPV (or manual chest massage) by midwife.”
Lawyers acting for the family claim her brain damage was “entirely due” to oxygen deprivation at Caerphilly Birthing Centre.
They allege a series of medical shortcomings by nursing professionals including failure to properly monitor the baby’s heart and other vital signs or record the mother’s raised temperature.
They also allege a midwife was absent from the birthing room for up to 20 minutes at a time during the late stages of labour and there was a failure to call in expert assistance early enough.
The family claim that there was a failure to “arrange immediate or prompt transfer to the main obstetric unit at the Royal Gwent Hospital” in Newport following the birth.
Lawyers claim that the outcome is that the baby was left suffering “spastic quadriplegic cerebral palsy with very little volitional movement”.
It adds: “She displays severe epilepsy, severe cortical visual impairment, double incontinence and major learning difficulties.
“She will never be able to walk, talk or lead an independent existence. Her disability is at the most extreme end of that which can be seen in childhood cerebral palsy.”
The case against the health board also alleges that there was a breach of duty in the care that the mother received, that also amounts to negligence.
The mother was so shocked by the manner of the birth and the subsequent health of her daughter she developed severe post traumatic stress disorder (PTSD), it states.
The documents add that she “struggled to cope with looking after a severely disabled baby for six or seven months when she took the difficult decision to give her up for adoption.” It concludes that the family are claiming “damages exceeding £300,000” as well as lost interest and legal costs.
A spokesman for the Aneurin Bevan Local Health Board said: “As this is a legal case under investigation it would not be appropriate to comment.”
This article is courtesy from Wales Online.
Friday, 23 May 2014
Meningitis victim Lee in 32-year battle for justice
A devastated mum and dad have told of their 32-year battle for justice for their son who TWICE suffered medical negligence at Midland hospitals.
Lee Hawthorne, aged 42, has been awarded £2.2 million after suffering brain damage as a result of medical negligence.
His parents, Ann and Allan, turned amateur detectives to amass information to prove Lee, who was born healthy, was left blind and brain damaged after contracting meningitis as a new-born baby at Birmingham Maternity Hospital in 1972.
Lee suffered further brain damage aged eight after medics delayed treating him at Birmingham Children’s Hospital.
Ann and Allan’s battle began when a nurse casually mentioned to them in 1980 there had been a meningitis outbreak at the Maternity Hospital when Lee was born.
Ann said: “It has been a long and tiring journey, but we know Lee will be looked after for the rest of his life.
“Nothing will every re-pay him – or us – for what has happened.”
Ann and Allan were filled with pride when Ann gave birth to her perfectly healthy son Lee at the maternity hospital in 1972.
But nine days later their beautiful new-born baby became seriously ill.
The couple feared the worst and were devastated to learn that little Lee had contracted the deadly bug meningitis.
Their only son was left blind and brain damaged by the disease.
The couple reconciled themselves to a life of selfless care to their only son, as well as bringing up their three daughters.
They assumed that Lee’s illness, and its savage consequences, were a terrible twist of fate.
But eight years later Ann and Allan were stunned to learn that Lee had caught meningitis during an outbreak at the Maternity Hospital which was kept secret from expectant mums and new parents.
The truth came out – totally by chance – when Lee was under the care of Birmingham Children’s Hospital.
To Ann and Allan, it came as a bombshell because they never had an inkling there were other infant victims.
But this was not the end of their suffering at the hands of the NHS.
It was while Lee was at the Children’s Hospital that he suffered a SECOND blunder by the health service.
He was rushed there as an emergency case with severe vomiting and dehydration.
The problem was eventually traced to a blocked stent (a surgical device which relieves pressure on the brain) previously fitted into his skull.
But there was a delay in carrying out surgery as a result of which Lee suffered further brain damage.
Now aged 42 Lee is unable to talk, or walk unaided, and needs round-the-clock care from his devoted parents.
He was awarded £2.2 million against the West Midlands Strategic Health Authority in an out-of-court settlement for clinical negligence because of the bungle at the Children’s Hospital.
Lee has never received any compensation for the meningitis outbreak at Birmingham Maternity Hospital, which is now known as Birmingham Women’s Hospital.
The compensation was won following years of determined research by Ann and Allan.
The couple wanted justice for Lee and to ensure the financial means was available to make his life more comfortable and to ensure he would be cared for properly after their death.
The Sunday Mercury reported on her battle to win justice for Lee in 2008.
Following our story Ann contacted medical negligence legal experts at Irwin Mitchell Solicitors who helped her to win the payout which was settled in 2012.
Ann had obtained official documents which revealed that Lee was one of four babies affected at the Maternity Hospital.
Apart from Lee, one child died straight away, a second suffered multiple handicaps and died aged 18, and the other remarkably recovered unharmed.
Ann said: “After Lee contracted meningitis, we never really asked – and were never told – how it could have happened.
“But when Lee went to Birmingham Children’s Hospital, as an emergency, a nurse dropped out what had happened. She must have read the case notes which we had never seen.
“I started investigating further and I heard more whispers about a meningitis outbreak at Birmingham Maternity Hospital at the time Lee was born.
“When I found records confirming this, I was horrified.
“It emerged that the hospital had covered up the outbreak and had continued to admit mothers, including me, to give birth there without any apparent concern for their health and welfare.
“If the hospital had halted new admissions, the outcome could have been very different.”
Lee’s award is being managed by his Court of Protection Deputy at Irwin Mitchell Solicitors with the objective of providing Lee with material comforts and care for the rest of his life.
The award has been utilised to purchase, and adapt, a new home for the family in the Midlands.
Doctors believe Lee will have a normal life expectancy.
Ann, now aged 75, said: “It has been a long and tiring journey but we now know that Lee will be looked after for the rest of his life.
“Allan and I don’t regard the compensation award as justice because nothing will ever re-pay him – or us - for what has happened.
“He was a healthy baby and he was dealt two cruel blows which have devastated his life – and ours.”
Ann and Allan, suffered the added agony of their daughter Karen dying from cancer last Christmas.
She was 55.
The couple look after Lee on their own – with only occasional help from carers – because he becomes distressed if his parents are not close at hand.
Lee can walk in the house, but only by being held by his father.
When he goes outside, he has to use a wheelchair.
Despite his multiple disabilities, Lee is very loving and enjoys listening to music.
Lee’s catastrophic plight – spanning more than four decades – has taken a physical, as well as mental, toll on Ann and Allan.
Neither is well and Ann’s weight has plunged to seven stone which she believes has been caused by constant stress.
Amazingly, Ann bears no animosity towards Birmingham Children’s Hospital for the additional brain damage caused to Lee by the delayed surgery.
She said she was pleased to receive a personal letter of apology after the court settlement from top NHS boss Sir Neil McKay, who was chief executive of Midlands and the East strategic health authority at the time.
Ann said: “Sir Neil assured us that medical knowledge and expertise had moved on significantly in the years since Lee had the operation and it was highly unlikely that such an event would happen now.
“I accept his word – and, after all, it’s just common sense - and I wouldn’t like anybody reading about our case to stop supporting Birmingham Children’s Hospital which does a tremendous amount of wonderful work and has an international reputation.
“We now have to get on with this new phase in our lives.”
Lucy Taylor, an expert Court of Protection lawyer at Irwin Mitchell who manages Lee’s funds, said: “Irwin Mitchell’s medical negligence team worked hard to secure a settlement for Lee that reflected his complex care needs.
“We now manage the funds on his behalf to ensure he has life-long financial stability and can make necessary purchases such as the wheelchair-adapted home in which he now lives; access to 24-hour care; and rehabilitation therapies to give him the best quality of life possible.”
Since the law suit started, the West Midlands Strategic Health Authority – also known as NHS West Midlands – has been wound up as part of the latest NHS reorganisation.
The Sunday Mercury contacted its successor body – NHS England – for comment on Lee’s case but they declined to comment on the case.
A spokeswoman for Birmingham Children’s Hospital also offered no comment, saying it had not been a party to the legal proceedings.
A spokeswoman for Birmingham Women’s Hospital said: “It is difficult to comment on a case which took place more than 40 years ago.
“However, neonatal care has moved on significantly in that time and we now care for 1,000 babies a year.
“We take infection control very seriously and are among the top-performing Trusts in the country.”
Lee Hawthorne, aged 42, has been awarded £2.2 million after suffering brain damage as a result of medical negligence.
His parents, Ann and Allan, turned amateur detectives to amass information to prove Lee, who was born healthy, was left blind and brain damaged after contracting meningitis as a new-born baby at Birmingham Maternity Hospital in 1972.
Lee suffered further brain damage aged eight after medics delayed treating him at Birmingham Children’s Hospital.
Ann and Allan’s battle began when a nurse casually mentioned to them in 1980 there had been a meningitis outbreak at the Maternity Hospital when Lee was born.
Ann said: “It has been a long and tiring journey, but we know Lee will be looked after for the rest of his life.
“Nothing will every re-pay him – or us – for what has happened.”
Ann and Allan were filled with pride when Ann gave birth to her perfectly healthy son Lee at the maternity hospital in 1972.
But nine days later their beautiful new-born baby became seriously ill.
The couple feared the worst and were devastated to learn that little Lee had contracted the deadly bug meningitis.
Their only son was left blind and brain damaged by the disease.
The couple reconciled themselves to a life of selfless care to their only son, as well as bringing up their three daughters.
They assumed that Lee’s illness, and its savage consequences, were a terrible twist of fate.
But eight years later Ann and Allan were stunned to learn that Lee had caught meningitis during an outbreak at the Maternity Hospital which was kept secret from expectant mums and new parents.
The truth came out – totally by chance – when Lee was under the care of Birmingham Children’s Hospital.
To Ann and Allan, it came as a bombshell because they never had an inkling there were other infant victims.
But this was not the end of their suffering at the hands of the NHS.
It was while Lee was at the Children’s Hospital that he suffered a SECOND blunder by the health service.
He was rushed there as an emergency case with severe vomiting and dehydration.
The problem was eventually traced to a blocked stent (a surgical device which relieves pressure on the brain) previously fitted into his skull.
But there was a delay in carrying out surgery as a result of which Lee suffered further brain damage.
Now aged 42 Lee is unable to talk, or walk unaided, and needs round-the-clock care from his devoted parents.
He was awarded £2.2 million against the West Midlands Strategic Health Authority in an out-of-court settlement for clinical negligence because of the bungle at the Children’s Hospital.
Lee has never received any compensation for the meningitis outbreak at Birmingham Maternity Hospital, which is now known as Birmingham Women’s Hospital.
The compensation was won following years of determined research by Ann and Allan.
The couple wanted justice for Lee and to ensure the financial means was available to make his life more comfortable and to ensure he would be cared for properly after their death.
The Sunday Mercury reported on her battle to win justice for Lee in 2008.
Following our story Ann contacted medical negligence legal experts at Irwin Mitchell Solicitors who helped her to win the payout which was settled in 2012.
Ann had obtained official documents which revealed that Lee was one of four babies affected at the Maternity Hospital.
Apart from Lee, one child died straight away, a second suffered multiple handicaps and died aged 18, and the other remarkably recovered unharmed.
Ann said: “After Lee contracted meningitis, we never really asked – and were never told – how it could have happened.
“But when Lee went to Birmingham Children’s Hospital, as an emergency, a nurse dropped out what had happened. She must have read the case notes which we had never seen.
“I started investigating further and I heard more whispers about a meningitis outbreak at Birmingham Maternity Hospital at the time Lee was born.
“When I found records confirming this, I was horrified.
“It emerged that the hospital had covered up the outbreak and had continued to admit mothers, including me, to give birth there without any apparent concern for their health and welfare.
“If the hospital had halted new admissions, the outcome could have been very different.”
Lee’s award is being managed by his Court of Protection Deputy at Irwin Mitchell Solicitors with the objective of providing Lee with material comforts and care for the rest of his life.
The award has been utilised to purchase, and adapt, a new home for the family in the Midlands.
Doctors believe Lee will have a normal life expectancy.
Ann, now aged 75, said: “It has been a long and tiring journey but we now know that Lee will be looked after for the rest of his life.
“Allan and I don’t regard the compensation award as justice because nothing will ever re-pay him – or us - for what has happened.
“He was a healthy baby and he was dealt two cruel blows which have devastated his life – and ours.”
Ann and Allan, suffered the added agony of their daughter Karen dying from cancer last Christmas.
She was 55.
The couple look after Lee on their own – with only occasional help from carers – because he becomes distressed if his parents are not close at hand.
Lee can walk in the house, but only by being held by his father.
When he goes outside, he has to use a wheelchair.
Despite his multiple disabilities, Lee is very loving and enjoys listening to music.
Lee’s catastrophic plight – spanning more than four decades – has taken a physical, as well as mental, toll on Ann and Allan.
Neither is well and Ann’s weight has plunged to seven stone which she believes has been caused by constant stress.
Amazingly, Ann bears no animosity towards Birmingham Children’s Hospital for the additional brain damage caused to Lee by the delayed surgery.
She said she was pleased to receive a personal letter of apology after the court settlement from top NHS boss Sir Neil McKay, who was chief executive of Midlands and the East strategic health authority at the time.
Ann said: “Sir Neil assured us that medical knowledge and expertise had moved on significantly in the years since Lee had the operation and it was highly unlikely that such an event would happen now.
“I accept his word – and, after all, it’s just common sense - and I wouldn’t like anybody reading about our case to stop supporting Birmingham Children’s Hospital which does a tremendous amount of wonderful work and has an international reputation.
“We now have to get on with this new phase in our lives.”
Lucy Taylor, an expert Court of Protection lawyer at Irwin Mitchell who manages Lee’s funds, said: “Irwin Mitchell’s medical negligence team worked hard to secure a settlement for Lee that reflected his complex care needs.
“We now manage the funds on his behalf to ensure he has life-long financial stability and can make necessary purchases such as the wheelchair-adapted home in which he now lives; access to 24-hour care; and rehabilitation therapies to give him the best quality of life possible.”
Since the law suit started, the West Midlands Strategic Health Authority – also known as NHS West Midlands – has been wound up as part of the latest NHS reorganisation.
The Sunday Mercury contacted its successor body – NHS England – for comment on Lee’s case but they declined to comment on the case.
A spokeswoman for Birmingham Children’s Hospital also offered no comment, saying it had not been a party to the legal proceedings.
A spokeswoman for Birmingham Women’s Hospital said: “It is difficult to comment on a case which took place more than 40 years ago.
“However, neonatal care has moved on significantly in that time and we now care for 1,000 babies a year.
“We take infection control very seriously and are among the top-performing Trusts in the country.”
This article is courtesy from the Birmingham Mail.
Wednesday, 12 March 2014
Jack should have recovered from heart defect - but 'nearly died TWICE at scandal-hit hospital'
The mother of a 10-month-old baby claims he ended up brain damaged, epileptic and nearly died TWICE after bungles at the Bristol Royal Hospital for Children.
He was treated by the same surgeon as two other children who died within weeks of each other.
Jack Casey was born in May 2009, with a combination of four heart defects. Most sufferers of Tetralogy of Fallot recover fully.
But today at nearly five, Jack, of Bridgend, Wales, is the size of a two-year-old and can barely string a sentence together.
His mum, Rachel Puaca, 26, shares her harrowing pictures and account of how her son was treated.
She blames a break-up with her partner on the trail of traumas.
After two cancelled ops, Rachel and dad Chris Casey, 30, of Swansea, finally took their baby son into Ward 32 on 9 March 2010.
She told the Sunday People: “The cardiologist declared Jack fit for surgery so we signed the consent form.”
The same surgeon also treated Sean Turner, four, and Luke Jenkins, seven, of Cardiff.
Both died within three weeks of each other after surgery at Bristol.
Jack returned from theatre distressed with an epidural line attached which they claim should have been removed in theatre.
It was found he had a virus which should have ruled out the operation.
A junior doctor tried to drain fluid with a syringe and pierced his lung, collapsing it.
Jack then suffered life-threatening pneumothorax, with air trapped between his lungs. Two chest drains also had to be fitted.
Then Jack’s ventilation tube leaked fluid into his lung.
He got pneumonia after staff failed to change it in 24 hours. It is claimed they used the wrong-sized tube.
Rachel said: “Jack was dying in front of my eyes.”
Staff then pierced Jack’s gullet with a feeding tube. A consultant took Jack’s parents aside and told them he didn’t think he would make it and to say goodbye.
Then consultant James Frazer said Jack might be helped by a procedure which would give him a 60 per cent chance.
So he was helicoptered to London’s Great Ormond Street Hospital, where a machine took over his lung and heart function.
After 16 days, he made no improvement and doctors again told Rachel to expect the worst.
But, miraculously, he came back from death a second time as his left lung began to heal. Jack then returned to Bristol’s intensive care unit.
But Rachel said: “He developed a fungal infection in his feeding tube and a blood clot.”
She says Mr Frazer told her he would be conducting an internal investigation into “the failings” but she has heard nothing since.
Jack went home on May 10 – two months after he was first admitted.
Since then he has suffered medical epilepsy, related to a brain injury, stunted growth after his pituitary gland was damaged, a weakened immune system and vastly delayed development.
Rachel – who is suing for medical negligence – said: “My son went into Bristol a bright, happy boy with heart problems, nothing else.
"He left it a shell of what he was.
“Mr Frazer said what happened should never have occurred. But his comment wasn’t in the minutes.”
A spokesperson for the trust said: “Jack’s parents raised concerns with the Trust about his care in 2010 and we responded.
“But unfortunately the family was not satisfied with our response and so we have subsequently met with them in an effort to respond to their concerns.
This article is courtesy from The Mirror.
He was treated by the same surgeon as two other children who died within weeks of each other.
Jack Casey was born in May 2009, with a combination of four heart defects. Most sufferers of Tetralogy of Fallot recover fully.
But today at nearly five, Jack, of Bridgend, Wales, is the size of a two-year-old and can barely string a sentence together.
His mum, Rachel Puaca, 26, shares her harrowing pictures and account of how her son was treated.
She blames a break-up with her partner on the trail of traumas.
After two cancelled ops, Rachel and dad Chris Casey, 30, of Swansea, finally took their baby son into Ward 32 on 9 March 2010.
She told the Sunday People: “The cardiologist declared Jack fit for surgery so we signed the consent form.”
The same surgeon also treated Sean Turner, four, and Luke Jenkins, seven, of Cardiff.
Both died within three weeks of each other after surgery at Bristol.
Jack returned from theatre distressed with an epidural line attached which they claim should have been removed in theatre.
It was found he had a virus which should have ruled out the operation.
A junior doctor tried to drain fluid with a syringe and pierced his lung, collapsing it.
Jack then suffered life-threatening pneumothorax, with air trapped between his lungs. Two chest drains also had to be fitted.
Then Jack’s ventilation tube leaked fluid into his lung.
He got pneumonia after staff failed to change it in 24 hours. It is claimed they used the wrong-sized tube.
Rachel said: “Jack was dying in front of my eyes.”
Staff then pierced Jack’s gullet with a feeding tube. A consultant took Jack’s parents aside and told them he didn’t think he would make it and to say goodbye.
Then consultant James Frazer said Jack might be helped by a procedure which would give him a 60 per cent chance.
So he was helicoptered to London’s Great Ormond Street Hospital, where a machine took over his lung and heart function.
After 16 days, he made no improvement and doctors again told Rachel to expect the worst.
But, miraculously, he came back from death a second time as his left lung began to heal. Jack then returned to Bristol’s intensive care unit.
But Rachel said: “He developed a fungal infection in his feeding tube and a blood clot.”
She says Mr Frazer told her he would be conducting an internal investigation into “the failings” but she has heard nothing since.
Jack went home on May 10 – two months after he was first admitted.
Since then he has suffered medical epilepsy, related to a brain injury, stunted growth after his pituitary gland was damaged, a weakened immune system and vastly delayed development.
Rachel – who is suing for medical negligence – said: “My son went into Bristol a bright, happy boy with heart problems, nothing else.
"He left it a shell of what he was.
“Mr Frazer said what happened should never have occurred. But his comment wasn’t in the minutes.”
A spokesperson for the trust said: “Jack’s parents raised concerns with the Trust about his care in 2010 and we responded.
“But unfortunately the family was not satisfied with our response and so we have subsequently met with them in an effort to respond to their concerns.
This article is courtesy from The Mirror.
Monday, 18 November 2013
Head injuries from driving on the road
Head or brain injuries are probably the most serious and life-changing, along with back or spinal damage. The effects of a blow to the head can range from relatively mild concussion, blurred vision and dizziness, through memory loss, altered personality and cognitive impairment, to loss of speech, vision or movement and severe brain damage.
In the more extreme cases of head and brain trauma, the victim is unlikely to be able to work again while becoming dependant on others and having to pay for additional, on-going nursing care, rehabilitation, disability aids or specialist transportation. In these circumstances the settlement will be for significant sums of money in order to compensate the claimant for the rest of their life.
On the roads
One of the most common causes of head injuries, potentially leading to brain damage, is an accident on the road. Pedestrians are sometimes the most vulnerable to reckless drivers as they cannot move out of harm’s way fast and they have no protection. A speeding driver, perhaps on the wrong side of the road, can take a pedestrian unaware within seconds and a collision at any speed will knock someone over. If the car is exceeding the town speed limit, it is likely to send the person flying into the air, over the vehicle and landing on their back or head causing severe injuries, if not death.
However the damage is not likely to be much less if the collision is with a cyclist, and even if they are wearing a helmet they can sustain significant brain injury from being thrown forcibly from their bike. When two cars crash the drivers and passengers are more protected, but the whiplash action can still cause serious damage to the brain, even if they appear to emerge unscathed from cuts and bruises.
Medical negligence
There are other, less obvious ways you might be affected by brain injuries while in hospital. A simple misdiagnosis or failure to spot something on an x-ray can lead to serious consequences if a tumour, haemorrhage, epilepsy, stroke or meningitis is later discovered.
You might rely on oxygen, either while undergoing surgery or as part of your treatment, and if the supply is faulty for any reason you can suffer severe brain damage. Equally, an overdose of medication could cause the brain to swell temporarily which could have a have lasting impact. If midwives or doctors delivering a baby don’t notice that there is a problem, asphyxiation during birth can result in cerebral palsy.
In the more extreme cases of head and brain trauma, the victim is unlikely to be able to work again while becoming dependant on others and having to pay for additional, on-going nursing care, rehabilitation, disability aids or specialist transportation. In these circumstances the settlement will be for significant sums of money in order to compensate the claimant for the rest of their life.
On the roads
One of the most common causes of head injuries, potentially leading to brain damage, is an accident on the road. Pedestrians are sometimes the most vulnerable to reckless drivers as they cannot move out of harm’s way fast and they have no protection. A speeding driver, perhaps on the wrong side of the road, can take a pedestrian unaware within seconds and a collision at any speed will knock someone over. If the car is exceeding the town speed limit, it is likely to send the person flying into the air, over the vehicle and landing on their back or head causing severe injuries, if not death.
However the damage is not likely to be much less if the collision is with a cyclist, and even if they are wearing a helmet they can sustain significant brain injury from being thrown forcibly from their bike. When two cars crash the drivers and passengers are more protected, but the whiplash action can still cause serious damage to the brain, even if they appear to emerge unscathed from cuts and bruises.
Medical negligence
There are other, less obvious ways you might be affected by brain injuries while in hospital. A simple misdiagnosis or failure to spot something on an x-ray can lead to serious consequences if a tumour, haemorrhage, epilepsy, stroke or meningitis is later discovered.
You might rely on oxygen, either while undergoing surgery or as part of your treatment, and if the supply is faulty for any reason you can suffer severe brain damage. Equally, an overdose of medication could cause the brain to swell temporarily which could have a have lasting impact. If midwives or doctors delivering a baby don’t notice that there is a problem, asphyxiation during birth can result in cerebral palsy.
Tuesday, 12 November 2013
Why should the NHS pay compensation for Clinical Negligence?
When you take a car to a mechanic you expect the work to be done to a certain standard.
If, say, the brakes are replaced, and on the way home they failed causing you to have an accident, you would probably not think twice about making a claim against the mechanic. So why is it that many of us are sensitive about suing a hospital or a doctor?
Is it because we still put doctors on a pedestal?
Perhaps we feel squeamish claiming compensation from what is, effectively, taxpayers’ money? Or is it simply the case that it has never happened to you?
We often hear people discussing the so-called ‘compensation culture’ and the fact that compensation settlements are too high.
The fact is, however, that purely compensatory payments within the UK are extremely low.
For example a young girl, Amy, suffers a severe brain injury as a result of medical negligence. In successfully suing the hospital she is likely to be awarded approximately £250,000 in terms of the purely compensatory award for her injury, for the pain, suffering and loss of amenity that she has suffered, and will suffer for the remainder of her life, as a result of her brain injury.
Effectively, it compensates Amy for the fact that she will never lead an independent life.
However, in reality, Amy’s award for compensation is likely to reach millions of pounds. Amy will never lead what we perceive to be a ‘normal’ life. She will never work, she will always require care, she will never be able to bathe herself, take care of her personal hygiene or drive a car. All the things that many of us take for granted.
Her claim will, therefore, include the cost of private care for the remainder of her life, any therapies required to improve her cognitive or physical functioning, aids and equipment such as wheelchairs and adaptations to her home or appropriate accommodation. So, in reality, the high award of damages is to provide Amy with the opportunity to live as independent and fulfilling a life as possible, to restore her as far as we can to her pre-accident condition.
Lest we forget, Amy would not have had this brain injury at all but for the hospital’s negligence and, where there has been a failure of care, the law quite properly provides a right to damages.
If, say, the brakes are replaced, and on the way home they failed causing you to have an accident, you would probably not think twice about making a claim against the mechanic. So why is it that many of us are sensitive about suing a hospital or a doctor?
Is it because we still put doctors on a pedestal?
Perhaps we feel squeamish claiming compensation from what is, effectively, taxpayers’ money? Or is it simply the case that it has never happened to you?
We often hear people discussing the so-called ‘compensation culture’ and the fact that compensation settlements are too high.
The fact is, however, that purely compensatory payments within the UK are extremely low.
For example a young girl, Amy, suffers a severe brain injury as a result of medical negligence. In successfully suing the hospital she is likely to be awarded approximately £250,000 in terms of the purely compensatory award for her injury, for the pain, suffering and loss of amenity that she has suffered, and will suffer for the remainder of her life, as a result of her brain injury.
Effectively, it compensates Amy for the fact that she will never lead an independent life.
However, in reality, Amy’s award for compensation is likely to reach millions of pounds. Amy will never lead what we perceive to be a ‘normal’ life. She will never work, she will always require care, she will never be able to bathe herself, take care of her personal hygiene or drive a car. All the things that many of us take for granted.
Her claim will, therefore, include the cost of private care for the remainder of her life, any therapies required to improve her cognitive or physical functioning, aids and equipment such as wheelchairs and adaptations to her home or appropriate accommodation. So, in reality, the high award of damages is to provide Amy with the opportunity to live as independent and fulfilling a life as possible, to restore her as far as we can to her pre-accident condition.
Lest we forget, Amy would not have had this brain injury at all but for the hospital’s negligence and, where there has been a failure of care, the law quite properly provides a right to damages.
This article is courtesy from the Ipswich Star
Thursday, 31 October 2013
Norwich girl awarded £8.1m compensation after she was left with brain damage at her birth
An 11-year-old Norwich girl who has bravely faced disability has been awarded £8.1m compensation after she was left with brain damage at her birth.
Staff at the Norfolk and Norwich University Hospital failed to pick up on signs that Amber Atkins was in increasing distress when her mother Lyn went into labour in May 2002, resulting in her suffering oxygen starvation in the final few minutes before her birth.
She was left with disabilities needing lifetime care.
Her parents Lyn and Jason welcomed the settlement made at the High Court in London, and said: “It has been a very difficult period for everyone involved, but our hope now is that we can begin to prepare for the future with Amber and live as a family with a degree of certainty and normality.
“Our priority has always been Amber’s care. Her day-to-day needs are significant and will remain so for the rest of her life.
“This settlement, which will result in staged payments each year, will safeguard Amber’s care now and in the future.” The Norfolk and Norwich University Hospitals NHS Trust will pay Amber, of Brewers Court, a £2.8m lump sum, plus annual index linked payments to pay for the lifetime of care she needs to cope with her disability.
Those payments will start at £125,000 a year, before rising to £208,500 a year when she reaches adulthood.
The court heard that although Amber has retained a bright mind and strong personality, can express herself well and attends mainstream school, she has been left dependent on her parents’ care as the cerebral palsy has affected all four of her limbs and left her wheelchair-bound.
Although she can use a joystick, she writes by using her left hand to operate the keyboard.
Her lawyers argued that, had she been brought into the world just 10 minutes earlier, she would have escaped serious injury.
The hospital admitted liability at an early stage.
Sarah Vaughan-Jones QC, representing the Trust, said: “This is a sad case in which liability was admitted at an early stage and an apology given, which I repeat in open court today.”
Paying tribute to Amber’s parents, she added: “Their devotion is no doubt the reason why she is such a happy little girl.”
Approving the settlement, the judge Mrs Justice Swift praised Lyn and Jason for the way they had looked after Amber and her five-year-old sister Millie.
She said: “I have a clear picture in my mind of Amber and her undoubted personality. I do not underestimate for one minute the hard work and determination of her parents in caring for her.”
She added: “It is no doubt attributeable to their care that Amber is such a happy and fulfilled little girl. Whilst they can in no way compensate Amber for all she has lost, I hope that the damages will provide her and her family with the best possible quality of life in the future.”
A hospital spokesman said: “The High Court has today approved the settlement of a claim brought on behalf of Amber Atkins against the Trust. Amber was delivered at the Trust in May 2002 and sadly suffered injury at birth.
“This claim was investigated in detail by the Trust and an admission of liability was made.
“The Trust has apologised for the circumstances which caused Amber to be injured and is very sorry for the resulting tragic consequences.
“The Trust is pleased the claim has been resolved and that an appropriate compensation package has been agreed.”
This article is courtesy from EDP 24.
Staff at the Norfolk and Norwich University Hospital failed to pick up on signs that Amber Atkins was in increasing distress when her mother Lyn went into labour in May 2002, resulting in her suffering oxygen starvation in the final few minutes before her birth.
She was left with disabilities needing lifetime care.
Her parents Lyn and Jason welcomed the settlement made at the High Court in London, and said: “It has been a very difficult period for everyone involved, but our hope now is that we can begin to prepare for the future with Amber and live as a family with a degree of certainty and normality.
“Our priority has always been Amber’s care. Her day-to-day needs are significant and will remain so for the rest of her life.
“This settlement, which will result in staged payments each year, will safeguard Amber’s care now and in the future.” The Norfolk and Norwich University Hospitals NHS Trust will pay Amber, of Brewers Court, a £2.8m lump sum, plus annual index linked payments to pay for the lifetime of care she needs to cope with her disability.
Those payments will start at £125,000 a year, before rising to £208,500 a year when she reaches adulthood.
The court heard that although Amber has retained a bright mind and strong personality, can express herself well and attends mainstream school, she has been left dependent on her parents’ care as the cerebral palsy has affected all four of her limbs and left her wheelchair-bound.
Although she can use a joystick, she writes by using her left hand to operate the keyboard.
Her lawyers argued that, had she been brought into the world just 10 minutes earlier, she would have escaped serious injury.
The hospital admitted liability at an early stage.
Sarah Vaughan-Jones QC, representing the Trust, said: “This is a sad case in which liability was admitted at an early stage and an apology given, which I repeat in open court today.”
Paying tribute to Amber’s parents, she added: “Their devotion is no doubt the reason why she is such a happy little girl.”
Approving the settlement, the judge Mrs Justice Swift praised Lyn and Jason for the way they had looked after Amber and her five-year-old sister Millie.
She said: “I have a clear picture in my mind of Amber and her undoubted personality. I do not underestimate for one minute the hard work and determination of her parents in caring for her.”
She added: “It is no doubt attributeable to their care that Amber is such a happy and fulfilled little girl. Whilst they can in no way compensate Amber for all she has lost, I hope that the damages will provide her and her family with the best possible quality of life in the future.”
A hospital spokesman said: “The High Court has today approved the settlement of a claim brought on behalf of Amber Atkins against the Trust. Amber was delivered at the Trust in May 2002 and sadly suffered injury at birth.
“This claim was investigated in detail by the Trust and an admission of liability was made.
“The Trust has apologised for the circumstances which caused Amber to be injured and is very sorry for the resulting tragic consequences.
“The Trust is pleased the claim has been resolved and that an appropriate compensation package has been agreed.”
This article is courtesy from EDP 24.
Wednesday, 23 October 2013
Teen with brain damage wins £2.6m compensation from Lincoln hospital
A teenage boy who suffered severe brain damage during his birth at Lincoln County Hospital has won £2.65 million in compensation.
The boy, who cannot be named for legal reasons, suffered severe cerebral palsy due to being starved of oxygen while being born in the 1990s.
Lawyers believe when he was born, he was barely able to breathe due to a brief period of hypoxia during delivery.
Despite his condition, which limits his movements, the High Court in London heard that he is a bright and determined boy.
United Lincolnshire Hospitals Trust (ULHT) denied liability for his delivery, stating midwives worked “diligently”, but agreed to the multi-million settlement.
ULHT will now pay the boy an upfront sum of £2.65 million, plus extra annual, index-linked and tax-free payments rising to £200,000 by the time he reaches his early 20s.
The High Court judge, Mrs Justice Swift, described the settlement as “common sense” and praised both the boy and his parents for their bravery.
This article is courtesy from The Lincolnite.
The boy, who cannot be named for legal reasons, suffered severe cerebral palsy due to being starved of oxygen while being born in the 1990s.
Lawyers believe when he was born, he was barely able to breathe due to a brief period of hypoxia during delivery.
Despite his condition, which limits his movements, the High Court in London heard that he is a bright and determined boy.
United Lincolnshire Hospitals Trust (ULHT) denied liability for his delivery, stating midwives worked “diligently”, but agreed to the multi-million settlement.
ULHT will now pay the boy an upfront sum of £2.65 million, plus extra annual, index-linked and tax-free payments rising to £200,000 by the time he reaches his early 20s.
The High Court judge, Mrs Justice Swift, described the settlement as “common sense” and praised both the boy and his parents for their bravery.
This article is courtesy from The Lincolnite.
Sunday, 20 October 2013
Family awarded £7.5m payout after alleged failure by doctors at children's hospital
A family whose daughter was left severely brain damaged due to the alleged failure of doctors at a Liverpool hospital has won a £7.5m payout.
Morgan Stocks was left disabled after suffering a brain haemorrhage as a baby in 2003.
Now, after an eight year battle, the family has won what their lawyers are calling one of the largest medical pay outs ever awarded in the UK.
It will go towards the cost of her life long care.
Morgan suffered an intracranial bleed when she was just five weeks old. But the family claim while doctors at Alder Hey Children’s Hospital spotted she had a cerebral aneurysm they failed to investigate and treat it, which resulted in a second more damaging bleed.
Morgan, now 10, has been left with permanent physical and mental disabilities, including brain damage, cerebral palsy and epilepsy.
Alder Hey has apologised to Morgan and her parents, Leeanne and Duane, expressing their regret and sympathy and hope that the settlement will support Morgan’s needs.
Mr Stocks said: “Morgan's brain injury has had devastating consequences both for her and our family. We have really been through the mill trying to cope and at last it feels like life is finally improving.
“It's been a long fight but we have managed to achieve a great result in court, which will really help Morgan in the future.
The case was settled following court approval, without Alder Hey accepting full liability.
Morgan received a lump sum of £2m. The rest of the money will be paid to her annually during the course of her lifetime.
Michael Danby, clinical negligence lawyer at Maxwell Hodge, said they were able to settle the claim predominantly on the basis of the expert evidence they had obtained.
He said: “As a result, Morgan will at least now be adequately compensated in relation to her lifelong needs.”
Professor Ian Lewis, medical director at Alder Hey, said: “Alder Hey was first made aware of this claim in 2008. Following an investigation at that time, the trust accepted in 2009 that the treatment Morgan received fell below the standards we adhere to at Alder Hey.
This was an extremely complicated situation. It has required thorough examination by independent experts to determine the extent of any injuries Morgan would have sustained as a result of her aneurysm, regardless of when she was admitted to hospital.”
This article is courtesy from Birmingham Mail.
Morgan Stocks was left disabled after suffering a brain haemorrhage as a baby in 2003.
Now, after an eight year battle, the family has won what their lawyers are calling one of the largest medical pay outs ever awarded in the UK.
It will go towards the cost of her life long care.
Morgan suffered an intracranial bleed when she was just five weeks old. But the family claim while doctors at Alder Hey Children’s Hospital spotted she had a cerebral aneurysm they failed to investigate and treat it, which resulted in a second more damaging bleed.
Morgan, now 10, has been left with permanent physical and mental disabilities, including brain damage, cerebral palsy and epilepsy.
Alder Hey has apologised to Morgan and her parents, Leeanne and Duane, expressing their regret and sympathy and hope that the settlement will support Morgan’s needs.
Mr Stocks said: “Morgan's brain injury has had devastating consequences both for her and our family. We have really been through the mill trying to cope and at last it feels like life is finally improving.
“It's been a long fight but we have managed to achieve a great result in court, which will really help Morgan in the future.
The case was settled following court approval, without Alder Hey accepting full liability.
Morgan received a lump sum of £2m. The rest of the money will be paid to her annually during the course of her lifetime.
Michael Danby, clinical negligence lawyer at Maxwell Hodge, said they were able to settle the claim predominantly on the basis of the expert evidence they had obtained.
He said: “As a result, Morgan will at least now be adequately compensated in relation to her lifelong needs.”
Professor Ian Lewis, medical director at Alder Hey, said: “Alder Hey was first made aware of this claim in 2008. Following an investigation at that time, the trust accepted in 2009 that the treatment Morgan received fell below the standards we adhere to at Alder Hey.
This was an extremely complicated situation. It has required thorough examination by independent experts to determine the extent of any injuries Morgan would have sustained as a result of her aneurysm, regardless of when she was admitted to hospital.”
This article is courtesy from Birmingham Mail.
Monday, 14 October 2013
Girl, 8, born with brain injury after hospital did nothing
The mother of a young girl left severely disabled by hospital failings has won a pay out of nearly £4 million.
Maryellen McDowall’s eight-year-old daughter Hollie was born with a significant brain injury due to medical errors during her birth at University Hospital Coventry.
The compensation was approved by the High Court sitting in Coventry yesterday morning.
The money will fund the care needed for the rest of Hollie’s life as, due to the trauma suffered at birth, she is unable to sit independently and is doubly incontinent.
The little girl is also unable to communicate and has limited vision.
She suffers from seizures and will never be able to walk.
Ms McDowall, who is from Coventry, brought a claim against University Hospitals Coventry and Warwickshire NHS Trust (UHCW).
At the hearing, she said: ‘Although I’m relieved this process is finally over, I remain concerned that the hospital has still not learnt from its mistakes and I think the public deserve to be reassured and to be provided with evidence that steps have been taken to ensure incidents like this are not allowed to happen.’
The court was told that following an uneventful and normal pregnancy, Ms McDowall arrived at the hospital at 2pm on April 18, 2005, with contractions.
The baby’s heart rate was monitored and, although there were some initial dips in the heart rate, was reported as normal.
Contractions continued through the night but by 11am the next day Ms McDowall was becoming very anxious as she had not felt the baby move since the previous evening.
By 2.35pm, Ms McDowall was in excruciating pain and very distressed, and further drops in the heart rate were noted.
As a result, doctors were called but they did not arrive.
A ventouse delivery finally took place at 8.33pm when the baby's heart rate dropped dangerously low.
Baby Hollie was born floppy, pale and not breathing. She was resuscitated and transferred to the neonatal unit.
However, she was later diagnosed with cerebral palsy as a result of a significant brain injury, due to a lack of oxygen during the delivery.
The hospital has admitted negligence in failing to deliver Hollie sooner and admitted she would not have suffered any injury if she had been delivered.
The NHS Litigation Authority has agreed to pay a lump sum of £1.7 million plus annual payments for life to cover the costs of carers.
Meghana Pandit, Chief Medical Officer at University Hospital, said: ‘We are sincerely sorry for the indescribable distress Hollie and her family will have experienced.
‘We have taken steps to learn from what happened to Hollie and have 96 hours per week consultant presence on Labour Ward.
‘Furthermore, all women admitted to the Labour Ward with a complicated pregnancy are now reviewed by an obstetrician and a labour management plan is agreed and documented.
‘All staff now attend mandatory training sessions on electronic foetal monitoring and the use of foetal blood sampling.
‘The Trust has also implemented the use of a “Fresh Eyes” sticker, which prompts staff to double check a review of a foetal heart trace carried out by another colleague.
‘No amount of money can ever compensate for distress and suffering but I trust the family will take comfort knowing the financial settlement will go some way towards helping Hollie.’
Ms McDowall says the compensation brings much-needed financial security for her disabled youngster.
Speaking after yesterday’s High Court hearing in Coventry - in which the sum of £3,990,825 compensation was approved – she said the seven-figure pay out has brought peace of mind at last.
The 29-year-old told the Coventry Telegraph of her relief that the day had finally arrived, saying: ‘It’s good to know Hollie will always be cared for whatever happens to me or my partner in future, to know she will always have everything she needs.’
The mother-of-four admits at times it was a struggle to provide Hollie with the equipment and level of care she needed, especially with three younger children to look after - a two-and-three-quarter-year-old son, and 18-month-old twin daughters.
She said: ‘Hollie basically had what we could afford when we could afford it, but she never went without.
‘She always had everything she needed. I would rather go without myself.
‘It meant I didn’t do a lot of things that people my age would do, going out and things like that.’
The money will be looked after by the courts to ensure every penny will be spent on improving Hollie’s quality of life.
Immediate plans for the pay out include spending some of the money on a sensory room for Hollie in the family home.
The family get some help from night-time carers, but Ms McDowall says she will continue to devote the same amount of time herself to caring for her daughter, with the help of her partner Dean Frankton, aged 37.
She launched her legal fight when Hollie was six-months-old.
Speaking of her long battle for compensation, she added: ‘I’m just glad it’s all over now.
‘It’s been going on for such a long time - I never thought this day would come.’
The family’s solicitor, Ally Taft, head of clinical negligence at Alsters Kelley LLP, said: ‘Although the settlement sounds substantial, every penny will be required to look after Hollie properly and to provide her with the best care and equipment possible to try and improve her quality of life.
‘No amount of money can take back the severe injuries that Hollie suffered, although, hopefully it will make her and her family’s life more tolerable.’
This article is courtesy from the Daily Mail.
Maryellen McDowall’s eight-year-old daughter Hollie was born with a significant brain injury due to medical errors during her birth at University Hospital Coventry.
The compensation was approved by the High Court sitting in Coventry yesterday morning.
The money will fund the care needed for the rest of Hollie’s life as, due to the trauma suffered at birth, she is unable to sit independently and is doubly incontinent.
The little girl is also unable to communicate and has limited vision.
She suffers from seizures and will never be able to walk.
Ms McDowall, who is from Coventry, brought a claim against University Hospitals Coventry and Warwickshire NHS Trust (UHCW).
At the hearing, she said: ‘Although I’m relieved this process is finally over, I remain concerned that the hospital has still not learnt from its mistakes and I think the public deserve to be reassured and to be provided with evidence that steps have been taken to ensure incidents like this are not allowed to happen.’
The court was told that following an uneventful and normal pregnancy, Ms McDowall arrived at the hospital at 2pm on April 18, 2005, with contractions.
The baby’s heart rate was monitored and, although there were some initial dips in the heart rate, was reported as normal.
Contractions continued through the night but by 11am the next day Ms McDowall was becoming very anxious as she had not felt the baby move since the previous evening.
By 2.35pm, Ms McDowall was in excruciating pain and very distressed, and further drops in the heart rate were noted.
As a result, doctors were called but they did not arrive.
A ventouse delivery finally took place at 8.33pm when the baby's heart rate dropped dangerously low.
Baby Hollie was born floppy, pale and not breathing. She was resuscitated and transferred to the neonatal unit.
However, she was later diagnosed with cerebral palsy as a result of a significant brain injury, due to a lack of oxygen during the delivery.
The hospital has admitted negligence in failing to deliver Hollie sooner and admitted she would not have suffered any injury if she had been delivered.
The NHS Litigation Authority has agreed to pay a lump sum of £1.7 million plus annual payments for life to cover the costs of carers.
Meghana Pandit, Chief Medical Officer at University Hospital, said: ‘We are sincerely sorry for the indescribable distress Hollie and her family will have experienced.
‘We have taken steps to learn from what happened to Hollie and have 96 hours per week consultant presence on Labour Ward.
‘Furthermore, all women admitted to the Labour Ward with a complicated pregnancy are now reviewed by an obstetrician and a labour management plan is agreed and documented.
‘All staff now attend mandatory training sessions on electronic foetal monitoring and the use of foetal blood sampling.
‘The Trust has also implemented the use of a “Fresh Eyes” sticker, which prompts staff to double check a review of a foetal heart trace carried out by another colleague.
‘No amount of money can ever compensate for distress and suffering but I trust the family will take comfort knowing the financial settlement will go some way towards helping Hollie.’
Ms McDowall says the compensation brings much-needed financial security for her disabled youngster.
Speaking after yesterday’s High Court hearing in Coventry - in which the sum of £3,990,825 compensation was approved – she said the seven-figure pay out has brought peace of mind at last.
The 29-year-old told the Coventry Telegraph of her relief that the day had finally arrived, saying: ‘It’s good to know Hollie will always be cared for whatever happens to me or my partner in future, to know she will always have everything she needs.’
The mother-of-four admits at times it was a struggle to provide Hollie with the equipment and level of care she needed, especially with three younger children to look after - a two-and-three-quarter-year-old son, and 18-month-old twin daughters.
She said: ‘Hollie basically had what we could afford when we could afford it, but she never went without.
‘She always had everything she needed. I would rather go without myself.
‘It meant I didn’t do a lot of things that people my age would do, going out and things like that.’
The money will be looked after by the courts to ensure every penny will be spent on improving Hollie’s quality of life.
Immediate plans for the pay out include spending some of the money on a sensory room for Hollie in the family home.
The family get some help from night-time carers, but Ms McDowall says she will continue to devote the same amount of time herself to caring for her daughter, with the help of her partner Dean Frankton, aged 37.
She launched her legal fight when Hollie was six-months-old.
Speaking of her long battle for compensation, she added: ‘I’m just glad it’s all over now.
‘It’s been going on for such a long time - I never thought this day would come.’
The family’s solicitor, Ally Taft, head of clinical negligence at Alsters Kelley LLP, said: ‘Although the settlement sounds substantial, every penny will be required to look after Hollie properly and to provide her with the best care and equipment possible to try and improve her quality of life.
‘No amount of money can take back the severe injuries that Hollie suffered, although, hopefully it will make her and her family’s life more tolerable.’
This article is courtesy from the Daily Mail.
Thursday, 3 October 2013
£3m payout for boy brain damaged at birth
A seven-year-old boy who suffered severe brain damage during his Caesarean birth at Homerton Hospital is to receive more than £3 million in damages.
Yiqun Zhang, who lives with his family near Oxford, has needed constant round-the-clock care since he was born at Homerton Hospital in February 2006.
Last year, a judge ruled that his injury, which has led to cerebral palsy, was caused by a doctor attempting to free the child’s head which had become deeply impacted in his mother’s pelvis.
Mr Justice Hickinbottom said he was satisfied that the manoeuvres used were “inappropriate, dangerous, negligent and hence in breach of duty”.
Lawyers for the boy and Homerton University Hospital NHS Foundation Trust have now agreed a settlement involving a lump sum of just over £3 million plus periodic payments rising to £225,000 a year.
The compensation package, which was approved at London’s High Court on Tuesday by Judge Patrick Moloney, will pay for care, housing, therapies and equipment for the rest of Yiqun’s life.
Alison Appelboam Meadows, of Penningtons Solicitors LLP, said later that no amount of money could ever give Yiqun the life he would have had if he had not suffered such serious injuries but now he would be able to maximise his potential.
This article is courtesy from London 24.
Yiqun Zhang, who lives with his family near Oxford, has needed constant round-the-clock care since he was born at Homerton Hospital in February 2006.
Last year, a judge ruled that his injury, which has led to cerebral palsy, was caused by a doctor attempting to free the child’s head which had become deeply impacted in his mother’s pelvis.
Mr Justice Hickinbottom said he was satisfied that the manoeuvres used were “inappropriate, dangerous, negligent and hence in breach of duty”.
Lawyers for the boy and Homerton University Hospital NHS Foundation Trust have now agreed a settlement involving a lump sum of just over £3 million plus periodic payments rising to £225,000 a year.
The compensation package, which was approved at London’s High Court on Tuesday by Judge Patrick Moloney, will pay for care, housing, therapies and equipment for the rest of Yiqun’s life.
Alison Appelboam Meadows, of Penningtons Solicitors LLP, said later that no amount of money could ever give Yiqun the life he would have had if he had not suffered such serious injuries but now he would be able to maximise his potential.
This article is courtesy from London 24.
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