Subtle Cerebral Palsy Case Study - H

Helen Niebuhr acts for H and his family.

H was born on 23.02.1999.

Debra's pregnancy was completely normal and she presented to hospital near her due date in labour.

During labour H's heart rate showed worrying signs indicative of fetal distress caused by a lack of oxygen. A plan was made to monitor the level of oxygen by taking fetal blood samples however this was not put into place.

H was eventually delivered by emergency caesarean section following consultant review.

H was born in a poor condition and went onto develop seizures in the neonatal period. He has since been diagnosed as suffering from cerebral palsy caused by lack of oxygen in the hours before delivery.

It was H's case that there was a negligent failure to properly monitor his condition during labour.

It was H's case that proper monitoring would have identified H was at risk of brain injury and would have led to delivery by caesarean section before he became injured.

H's cerebral palsy has resulted in some fine motor disabilities and significant cognitive disability such that he requires supervision and support for life.

Following investigation by specialist solicitor Helen Niebuhr with obstetric, neonatal, paediatric, and paediatric neuroradiological support H's case was put to the hospital and responsibility for H's cerebral palsy admitted.

Judgment was entered at Court in February 2008 and substantial interim payments obtained.

H's case was settled shortly before trial for compensation paid partly by capital sum and partly by annual payments guaranteed for life.  The total compensation package being in the region of £6,000,000.