Our client’s parents have been seeking answers for a brain injury their son suffered following his birth in 2001. A settlement was finally agreed 3 weeks before what would have been a liability trial in his case (it was a split trial, so quantum would have been dealt with separately).
Several allegations were made by our client, including that there was a delay in performing instrumental delivery once a decision had been made for this, and that this increased the risk of trauma to him; and, that the instrument could not be applied in the correct position because of the positioning of the head at that time, and instrumental delivery should have been abandoned immediately, without any attempt at delivery.
The Defendant Trust denied that there had been a delay in commencing instrumental delivery, and said that our client’s condition did not worsen during the alleged delay in any event. It was denied that ideal positioning of the instrument was possible, and it was stated that it was reasonable to make an attempt at delivery in that position. It was admitted, however, that the haemorrhagic infarction (type of brain damage where blood re-enters dead tissue) our client suffered was sustained during the course of delivery, but it was denied that any breaches of duty caused or contributed to the infarction.
Permission was given for obstetric expert evidence, and a discussion took place between the experts in an attempt to narrow down the issues between the parties. As the birth occurred several years ago, there was much discussion as to what the correct procedure for instrumental delivery would have been at that time, and there was reference to obstetric guidelines. During the discussions, the experts were unclear as to whether the guideline they were discussing was that that would have been in place at the time of our client’s birth.
The case failed to settle at a round table meeting and lengthy negotiations took place after that. The case eventually settled for a seven figure sum, which was approved by the Court. This settlement will allow our client to obtain the care and support that he needs, given that it will be difficult for him to obtain remunerative employment, and that he currently does not have the legal capacity to manage his own finances. His parents have supported our client throughout his lifetime, and continue to support him.
Dr Mala Sidebottom, Kieran Thomas and Bethany Renham handled this case at Moore Barlow LLP. John de Bono KC, from Serjeants’ Inn Chambers, was instructed.
This was a tricky case, and I am relieved that the litigation has finally come to an end, as my client’s parents have been seeking justice for so long, and they can finally be reassured that their son can receive the support that he needs.” The Litigation Friend said “We are so grateful to Mala, Bethany and Kieran at Moore Barlow, our medical experts, and John de Bono KC of Serjeants Inn for all their hard work, professionalism and determination with our son’s case. It really has been a very long 23 years fighting this case. We are so relieved to have a settlement and feel our son will now have a more secure future. There has been many emotional ups and down and it’s such a relief the case has come to a positive close. This would not have been possible without the best legal team, we really cannot thank you all enough.
Dr Mala Sidebottom, Partner at Moore Barlow
