Overview of the case
This case involved a 15-year-old boy who sustained a brain injury at birth, resulting in cerebral palsy and a lifelong need for specialist care. In 2009, his parents attended the assessment unit at the Defendant hospital shortly before his due date, concerned about reduced foetal movements, a recognised warning sign of potential distress, which ultimately led to cerebral palsy caused at birth.
Despite raising their concerns, they were sent home twice. The first time, a midwife dismissed their worries without conducting any investigations. On their second visit, the labour ward again failed to act. It was only after encountering a doctor, outside of the formal assessment process, that they were advised to return and insist on being seen.
Upon their return, a cardiotocograph (CTG) trace was finally performed, revealing a sudden and severe drop in the baby’s heart rate. This prompted an emergency caesarean section, but by then, the damage had already been done. The delay in recognising and responding to the signs of foetal distress led to a brain injury that caused permanent disability.
Legal challenges
Fault was admitted early in the case, specifically in relation to the midwife’s failure to investigate the initial concerns. However, the case remained complex in terms of causation and emotionally charged given the difference in factual accounts between the parents and the hospital staff.
Key disputes centred around the timing and sequence of the family’s attendances at the hospital, and whether earlier intervention could have prevented the injury. Both parties relied heavily on hypothetical reconstructions of the CTG trace, with expert opinions diverging significantly on what might have occurred had the trace been performed sooner.
These unresolved evidential issues made the case particularly challenging to navigate. The family also faced the emotional burden of reliving the events surrounding their son’s birth, while trying to secure the support he would need for the rest of his life.
Why Moore Barlow?
The family instructed Moore Barlow due to our extensive experience in handling complex birth injury claims. They needed a legal team with a deep understanding of cerebral palsy cases, and a reputation for tenacity, compassion, and thoroughness in high-value clinical negligence litigation.
Their goal was to secure compensation that would provide for their son’s lifelong care, specialist equipment, adapted accommodation, and educational support.
Our approach in cerebral palsy cases
The case was led by Sarah Stanton, Partner in the Medical Negligence team, and Amie Ketteridge Lowe, Senior Associate. Together, they worked closely with leading medical experts, care specialists, and legal counsel to build a strong and detailed case.
Despite the evidential challenges, the team remained focused on preparing for trial while keeping the door open for settlement discussions. Their strategic approach and commitment to the family’s best interests led to a joint settlement meeting just weeks before the trial date.
The life-changing outcome for the family
The case was successfully settled for over £4 million. This life-changing result ensures that the claimant will have access to the care, support, and financial stability he needs throughout his life. The compensation will fund essential therapies, specialist education, adapted housing, and ongoing care provision, giving the family peace of mind and the ability to plan for the future.
“This was a hard-fought and emotionally challenging case. Achieving this outcome was incredibly rewarding and will make a real difference to the family’s life.”
Sarah Stanton – Partner | Medical negligence
Sarah Stanton is a Partner in the Medical Negligence team at Moore Barlow. She specialises in complex birth injury claims and brain injury claims, with a focus on cases requiring long-term care and rehabilitation planning.
Amie Ketteridge Lowe is a Senior Associate with expertise in high-value medical negligence claims, particularly those involving children and individuals with lifelong care needs.
