Just five months after obtaining Court approval of a 97.5% liability settlement in a premature birth injury claim in which the central issue was whether a child (known as “DFG”) had suffered brain injury due to prematurity or negligence, Moore Barlow have now obtained Court approval of a definitive financial settlement which will ensure the provision of appropriate care, case management, therapies, equipment and housing for the entirety of DFG’s life.
Liability
DFG’s mother had taken herself to hospital at 25 weeks gestation complaining of abdominal pain, and despite being in hospital for 3 days, there was a failure to properly assess her or identify the risk of her going into premature labour until some 40 minutes before delivery took place. It was only at this stage that she was given a single (partial) dose of corticosteroids.
“DFG” suffered complex and severe neurological injury due to pulmonary and intraventricular haemorrhage (grade IV) and post-haemorrhagic hydrocephalus. In her early days it was not always clear that she would survive. Her injuries resulted in lifelong physical and cognitive disabilities such that her day-to-day functioning, at age 17, is equivalent to a two-year-old, and she will need care with all aspects of daily living for the rest of her life.
Maternal corticosteroids are typically given in cases of threatened premature labour to help protect a baby against the risk of neurological injury due to prematurity, including problems with breathing, bleeding in the brain and developmental delay.
The Defendant admitted breach of duty but denied causation, asserting that DFG’s injuries were simply due to her prematurity, rather than any delay in providing corticosteroids.
With advice from John de Bono KC and input from leading medical experts including a paediatric neurologist and neonatologist, whose evidence was that an appropriate course of steroids here would, on the balance of probabilities, have avoided the severity of DFG’s IVH which was the cause of her severe neuro-disability, we successfully argued that DFG’s injuries were the result of negligence – the delay in provision of appropriate steroid cover – rather than her prematurity alone.
Financial settlement
The compensation award includes a lump sum of £7m, with index-linked annual payments for life of £196,950pa increasing to £276,900pa when DFG turns 19. Over the course of DFG’s expected lifetime, her award can be capitalised to £18.3m.
Due the Defendant’s continued denial of liability up to the point of the liability settlement, only a modest interim payment had been possible up to that point, but this had enabled case management and an initial care regime to be put in place to provide professional support and help DFG’s parents manage their daughter’s disability.
Once the issue of liability had been resolved, a further interim payment, taking the total sum to over £600,000 was paid to ensure that appropriate funds were available pending the definitive financial settlement. The definitive award will be managed in DFG’s best interests by her Court appointed Deputies.
We are extremely pleased and thankful to God that the court has approved the compensation for our child’s negligence claim. This outcome has brought about not just financial compensation for our child’s future care and needs, but also a sense of justice and closure for our family. We are truly grateful for the support we received from our Moore Barlow team led by Paul Kingsley, our leading counsel John de Bono KC, and the medical expert team throughout the claim process. They treated us with compassion and respect from the very beginning, guiding us through every stage of the process and fighting tirelessly for justice. We hope that our experience and testimony will strongly encourage any parent in a similar situation to seek advice from Moore Barlow.
DFG’s mother
I am very pleased that the Court has approved this financial settlement for DFG, bringing her long and hard-fought claim to a very successful resolution for her and her loving parents. They can now look forward to having sufficient funds to cover the lifetime cost of their daughter’s disability needs including the provision of professional care, case management, therapies, equipment and housing adaptation. It’s been my privilege to work with DFG’s parents over the lifetime of their daughter’s claim and I truly wish them all well for their future.
Paul Kingsley – Senior Associate | Medical negligence
Final thoughts
This particular case highlights the importance of a timely recognition of the risk of premature labour and the administration of neuro-protective medication, such as corticosteroids, to help avoid neurological injury.
This case was particularly hard-fought over many years and illustrates the challenges that families have to face when pursuing a claim for medical negligence and the extent to which a Defendant may seek to avoid liability. Despite our proposal to negotiate a potential compromise some 3 years before eventual settlement, the Defendant sought to continue to defend the claim, only to result in a 97.5% liability settlement which reflected not only the strength of DFG’s evidence but also demonstrated Moore Barlow’s effectiveness in holding the Defendant to account. The resulting financial award of £18.3m will now provide DFG and her family with appropriate funds to improve her quality of life and provide security for her future.
How Moore Barlow can help
Claims involving extremely premature deliveries can be challenging and they are always fact specific, but Moore Barlow’s dedicated, strategic, and expert-led approach enabled them to succeed in this hard fought claim.
If you consider that there have been failings in the management of your pregnancy and/or labour which you believe have led to an otherwise avoidable injury, the Moore Barlow Medical Negligence lawyers will be happy to hear from you and discuss your concerns about the merits of any potential legal claim you may have.
