Fatal Cerebral Palsy Case Study

AW v Oxford Radcliffe Hospitals NHS Trust

£110,000 following cerebral palsy and three year survival

FACTS

AW was born with cerebral palsy in March 2005. During labour AW's heart rate had repeatedly dropped to 70 beats per minute (from a reassuring level of 140 beats per minute).

Nevertheless labour was augmented with syntocinon and allowed to continue throughout the night before AW was delivered by emergency caesarean section the following morning.

AW's immediate life signs were good, with good Apgar scores when she was first born.

However in the hours and days after delivery AW suffered repeat fits and brain scans showed areas of damage.

AW was diagnosed as suffered from severe quadriplegic cerebral palsy. Her cognition was impaired and she had great difficulty in feeding and increasing difficulty in breathing.

Just before her third birthday AW died due to complications of her cerebral palsy.

BREACH OF DUTY

It was argued on AW's behalf that the treating obstetricians were negligent in failing to closely monitor AW by taking repeat blood samples after her drops in heart rate were identified.

CAUSATION

It was argued on AW's behalf that had repeat blood samples been taken signs of increasing oxygen deprivation would have been identified and AW would have been delivered by emergency caesarean section before she suffered irreversible brain damage.

OUTCOME

After commencement of Court Proceedings the hospital admitted responsibility for AW's cerebral palsy and compensation was agreed at £110,000 without trial.

SOLICITORS COMMENT

The compensation reflects the additional care and assistance AW needed during her life as a result of her cerebral palsy as well as the costs incurred to meet her needs and an award to AW's estate for the pain suffering and loss of amenity suffered during her life.

Had AW survived the level of compensation would have been measured in millions of pounds in order to provide for her care and assistance for life.