13 NHS Trusts are facing urgent Independent Maternity Review.

We acted on the behalf of a client who suffered hypoxic ischaemic brain damage and consequently from bilateral dystonic cerebral palsy following the negligent management of her delivery at the John Radcliffe Hospital in Oxford. We argued that Hospital staff failed to act upon signs of fetal distress and that she should have been born earlier.

She can walk but with difficulty and has poor core stability and walks with a broad, ataxic, gait. She can manage to walk a mile without difficulty. She uses a wheelchair for greater distances and is at risk of falling if she tries to run or is using stairs. In addition, she has poor grip and fine motor control. She will always have care needs and her speech is dysarthritic.

Liability was admitted and proceedings were then stayed until the Claimant reached the age of 15 years in order that a more definite prognosis could be reached. During that time a large interim payment was received and managed by the Compensation Protection Unit at RWK Goodman and used to buy and adapt appropriate accommodation, set up an initial care package as well as purchase aids and therapies.

The claim ultimately settled for a lump sum plus annual payments for care for life and the settlement will now mean that the Claimant will have significant levels of care and support in all aspects for the remainder of her life.

The claim relates to the failure to remove a Propess pessary, inserted to induce labour, which resulted in a uterine rupture.

The Claimant was admitted for induction of labour for her third child. A Propess pessary was inserted and she entered established labour. The pessary was not removed as it should have been. Following vaginal delivery, the Claimant suffered a post partum haemorrhage and was transferred to theatre. A large uterine rupture was discovered with estimated blood loss of 5 litres. She required extensive surgery to repair the rupture and required a total hysterectomy.

The Defendant made an early admission of liability and the claim proceeded to focus on quantum. A psychiatric report was obtained which diagnosed PTSD. As a result of her injuries, it was crucial to ensure the Claimant received proper and timely treatment and the conclusion to her claim enabled her to do this.

The Claimant presented in early pregnancy with abdominal pain and bleeding. She had an ultrasound which was reported as “inconclusive”. Over the course of the next 24 hours her BHCG increased and her abdominal pain continued.

Despite no evidence of alternative explanations for the pain, she was administered methotrexate as medical management of ectopic pregnancy. She was discharged home with no safety netting advice.

2 days later, she presented with further abdominal pain. An ultrasound revealed a intra-uterine pregnancy with evidence of yolk sac seen, however due to the previous methotrexate she was told to have a termination. Whilst being consent for a termination of pregnancy, the correct forms were not completed and as such it was argued the termination was unlawful. The Defendant argued they were not required as they considered the pregnancy non viable.

The Claimant suffered significant psychological distress and anxiety as a result.

successfully secured a liability settlement for a 12-year-old boy who suffered severe physical and psychological injuries due to failures in the antenatal care during his mother’s pregnancy.

OXC’s mother had a previous pregnancy in which she contracted bacterial vaginosis, a condition closely associated with premature birth. Her baby was delivered at 30 weeks gestation. During her pregnancy with OXC, she again developed bacterial vaginosis. In the absence of appropriate screening, treatment, and monitoring, she went into premature labour. The claimant was born at 24+5 weeks’ gestation.

The Defendant made some limited admissions of liability but denied that the Claimant had bacterial vaginosis in either pregnancy or that additional screening would have significantly prolonged the pregnancy with OXC.

Settlement was agreed at 75% of the full value of damages. We will now explore the value of OXC’s claim to ensure he has adequate support for life. Interim funds will also be provided to cover his immediate needs, to ensure he has appropriate care and therapies in place and that his family can move to suitable accommodation.

Client born at Gloucester Royal Hospital in a claim for damages that followed a injury at his birth in 2016. Our client suffered from shoulder dystocia – his shoulder became stuck in the birth canal. At the time of our client’s birth, there were recognised manoeuvres employed to release shoulders that become stuck in this manner. We alleged that these were not followed and that the Defendant’s staff:

1. Failed to follow a recognised plan of action to deal with shoulder dystocia;
2. Used excessive traction (which to say, they yanked) on the baby’s head – more than one application of traction was used and this is absolutely not supposed to happen in this setting, because it can make things worse;
3. There was an unacceptable length of time between diagnosing that the baby had got stuck, and doing release manoeuvres.

As a result of these failures, our client suffered an otherwise avoidable injury to his right brachial plexus, and has severely restricted movement in that arm, wrist and shoulder. This will be permanent and will not improve. Following issuance and service of proceedings at Court, the Trust admitted it breached its duty of care to our client. The case is currently Stayed as the client has not yet reached skeletal maturity, so we do not know what his outcome will be.

We represented our client in a Clinical Negligence claim against Gloucestershire Hospitals NHS Foundation Trust after they sustained a severe hypoxic brain injury at birth, resulting in asymmetric dystonic and spastic cerebral palsy. During her mother’s labour, there was a period of profound fetal bradycardia before our client was delivered. She required immediate resuscitation at birth and subsequently developed irreversible brain damage around ten minutes after the onset of the bradycardia.

We alleged that, had our client’s mother received appropriate management during labour in January 2002, our client would have been delivered either before the onset of the bradycardia or after a much shorter period of oxygen deprivation, preventing the brain injury entirely.

As a result of the negligent management, our client now lives with cerebral palsy affecting all four limbs, with dystonic and spastic features. She is unable to walk and has significant difficulties with fine and gross motor control, limiting her independence in daily life. She also suffers from severe dysarthria, a mild postural scoliosis, and a deformity of her right ankle, and is at risk of developing joint contractures. Despite these physical challenges, her cognitive function is thought to be near-normal.

We pursued a claim for damages to cover our client’s lifelong care needs, therapies, specialist equipment, accommodation, and loss of future earnings. After a robustly defended claim, we succeeded in securing a substantial compensation award to ensure that our client will receive the support and security she requires throughout her life. An excellent and well-deserved outcome for our client and her family.

RWK Goodman acted against Gloucester Hospitals NHS Foundation Trust on behalf of a client who was born prematurely at 33+1 weeks’ gestation and suffered brain damage as a result of chronic intrauterine hypoxia due to uteroplacental insufficiency, a left intraventricular haemorrhage, and a secondary periventricular haemorrhagic infarction which occurred before his birth.

Our client was born in June 2015 at Gloucestershire Royal Hospital. Following his birth, the hospital’s discharge summary recorded that he had suffered perinatal asphyxia. During his time in the neonatal unit, our client experienced neonatal seizures secondary to hypoxic-ischaemic encephalopathy and was treated with Phenobarbitone at just 45 minutes of age.

As a consequence of these events, our client developed dystonic quadriplegic cerebral palsy, developmental delay, and significant feeding difficulties. He now lives with severe lifelong disabilities affecting all aspects of his physical and daily functioning.

The case alleged that the Gloucestershire Hospitals NHS Foundation Trust failed to provide appropriate advice and treatment to our client’s mother during the antenatal, intrapartum, and neonatal periods, and that there was an insufficient number of suitably trained and experienced staff available during her care. It was argued that, had the management of the pregnancy and delivery been of an acceptable standard, our client would not have sustained the injuries he did.

We pursued a claim for damages to provide for C’s extensive care, specialist equipment, therapy, and lifelong support needs. Despite the complexities of the medical and legal issues involved, we successfully advanced his case to ensure that he and his family receive the justice, care, and security they deserve.

RWK Goodman acted against University Hospitals Sussex NHS Foundation Trust on behalf of a twelve-and-a-half-year-old girl who sustained catastrophic injuries due to the negligent management of her mother’s pregnancy and delivery in 2010.

Our client was delivered severely growth restricted and developed hypoxic ischaemic encephalopathy and disseminated intravascular coagulopathy as a result of a negligent delay in delivery. She was born in extremely poor condition, requiring intensive resuscitation. These complications caused permanent brain injury.

As a consequence, our client developed quadriplegic cerebral palsy with dystonia, significant cognitive and neuro-behavioural difficulties, and learning disabilities. She is entirely dependent on others for all activities of daily living and will require lifelong care and support. There is also an ongoing risk of recurrent epilepsy.

The case alleged that University Hospitals Sussex NHS Foundation Trust failed to provide appropriate antenatal and intrapartum care. In particular, there was a negligent failure to refer the mother to an obstetrician when there were clear concerns about the baby’s growth, and a negligent delay in delivery once fetal compromise had developed. It was argued that, had appropriate monitoring, referral, and timely delivery occurred, our client would have been born neurologically intact.

The Trust admitted breach of duty but disputed causation, arguing that the brain injury was divisible and that significant damage would have occurred in any event. Liability was ultimately settled at 75% in our client’s favour and approved by the High Court in 2020.

Our client was awarded damages to ensures that their complex lifelong needs for specialist care, therapy, accommodation, and equipment will be met.

RWK Goodman acted against East Kent University Hospitals NHS Trust on behalf of a ten-year-old boy who sustained neurological injuries following a negligent failure to manage and treat a Group B Streptococcus (GBS) infection at birth.

In 2006, our client’s mother tested positive for GBS infection the day before delivery, but she was not given antibiotics during labour, and no antibiotic therapy was prescribed for her newborn son. As a result, he developed GBS-related meningitis, leading to severe neurological injury and cerebral palsy.

He now suffers from significant motor difficulties affecting all four limbs, epilepsy controlled by medication, cognitive impairment, and behavioural challenges. He can walk short distances unaided but otherwise requires a walking frame or wheelchair. It is expected that he will become generally wheelchair dependent by early adulthood and entirely reliant on one by middle age. He also experiences poor sleep, reduced upper limb coordination, and requires 24-hour care and supervision.

The case alleged that the Defendant failed to provide antibiotic treatment to prevent and manage GBS infection in both mother and child. Liability was admitted in full.

RWK Goodman acted against Somerset NHS Foundation Trust on behalf of a twelve-year-old girl who sustained catastrophic injuries due to a negligent delay in diagnosing and treating meningitis as a newborn.

Our client, the second of twins, was born in September 2010, in a compromised condition but initially showed no signs of injury. Her condition deteriorated over the following days before Group B Streptococcal meningitis was diagnosed. Although antibiotic treatment was commenced, there had already been a delay in recognising and managing the infection.

As a result, she suffered a severe global brain injury and hydrocephalus, consistent with periventricular leukomalacia. She now has quadriplegic cerebral palsy, significant cognitive impairment, epilepsy, visual difficulties, and lower-limb orthopaedic complications. She is non-mobile, entirely dependent on others for all care, and will require 24-hour assistance for life. Her life expectancy is estimated at around 31 years.

It was alleged that the Trust failed to recognise meningitis promptly, delayed treatment, and failed to administer the appropriate antibiotics. Liability was admitted in full.

The settlement provides lifelong funding for our client’s care, therapy, accommodation, and specialist equipment, ensuring long-term security and support for her and her family.