J HAS ATHETOID CEREBRAL PALSY

Helen Niebuhr acts for J and his family.

J was born in 1999. He is Sharon's second child.

Sharon's labour was to be managed at a midwife led unit without facilities for interventional delivery. Sharon's pregnancy was reassuring, as was her early labour. However during labour J's heart rate began to show occasional drops to what should have been considered a worrying level.

The midwives adopted a "wait and see” policy. An hour later the drops in heart rate were continuing and Sharon was transferred by ambulance to a hospital that had facilities for caesarean section.

There was some delay in finding a working CTG monitor and monitoring J following arrival at hospital.

As soon as a consultant obstetrician reviewed Sharon's labour he decided to delivery J by emergency caesarean section.

J was born in poor condition and went on to develop cerebral palsy. J's type of cerebral palsy was caused by a short period of profound lack of oxygen in the last 15 to 25 minutes of labour.

It was J's case that the midwives should have taken note of the early signs of drops in his heart rate and that Sharon should have been transferred to hospital capable of interventional delivery sooner. Also that there were delays in assessing J's condition once Sharon had arrived at hospital.

It was J's case that proper care would have resulted in his risk of suffering brain injury due to lack of oxygen being identified earlier and that he would have been delivered at least 20 minutes sooner. Had he been delivered sooner the last minutes of labour during which he suffered his brain injury would have been avoided and Jamie would have been born without injury.

After investigation Helen Neibuhr of Darbys sent a detailed letter setting out the allegations on J's behalf following which the Hospital admitted responsibility for J's injury.

J's family now know that there will be sufficient compensation to provide for J's needs for life to help J maximise his potential and independence.

J's case continues through the Courts on the assessment of the proper level of compensation he will receive. In the meantime J's family have received funds to assist in caring and providing for J and to move to a house suitable to meet J's long term special needs.