£3 million settlement secured from Doncaster hospital for 10-year-old child with cerebral palsy

Our client was born at Doncaster Royal Infirmary in September 2015. The key allegation we brought on her behalf was that there was a negligent failure to properly assess all the features of her mother’s presentation, with the result that she was delivered by caesarean section; with appropriate care this would not have happened.

We argued that the following features of our client’s mother’s presentation were not correctly assessed or appropriately weighed in the balance:

• there had been no membrane rupture;
• there was no change in the appearance of the cervix – it was described as posterior and closed on examination at 11:56 and later at about 20:50;
• there had been a negative fibronectin test;
• the CTG was at all times reassuring.

It was our client’s case that a proper analysis of these features would or should have resulted in her mother remaining in hospital for a period of observation which would likely have resulted in her contractions subsiding, her pregnancy progressing normally and our client being born at 34 weeks (or more probably at or after 37 weeks).

With delivery after 34 weeks our client would probably have avoided intra ventricular haemorrhage (IVH) and periventricular leukomalacia which are the causes of her brain injury.

The defendant admitted that our client suffered an IVH and that had she been born at 34 weeks the risk of her suffering an IVH would have been materially reduced. However, the defendant did not admit that the IVH would on the balance of probabilities have been avoided with delivery at or after 34 weeks.

In summary the defendant’s position was that the clinicians were balancing the risk of uterine rupture, which had the potential for a very grave outcome and possibly fatal outcome for our client’s mother and/or our client, against the risks associated with delivering our client at 27+6 weeks gestation.

After working towards a trial on liability and attending a settlement meeting this case was ultimately settled through mediation on 15 October 2025. At mediation, the defendant maintained it would not make a discounted liability offer. Negotiations ensued and a monetary offer of £3,000,000 was ultimately accepted.

Our client’s symptoms are unlikely to improve. Having regard to the nature and extent of her injuries, it is likely that her life expectancy will be limited to age 44 years.