T HAS ATHETOID CEREBRAL PALSY

Helen Niebuhr acts for T and his family. 

T is Sarah's second child. Her first was delivered by caesarean section.

Sarah's pregnancy with T was uncomplicated and she presented to the Royal Berkshire Hospital at around her due date in early labour and following spontaneous rupture of her membranes.

During Sarah's labour there were signs that T was becoming distressed and at significant risk of injury through lack of oxygen. Monitoring of T showed potentially dangerous drops in heart rate probably caused by compression of the umbilical cord during contractions.

Sarah's labour was allowed to continue and she was eventually transferred to theatre for a trial of forceps delivery. Before the trial could take place T's heart rate fell to a potentially catastrophic level and did not recover.

Forceps delivery was abandoned and T delivered by emergency caesarean section.

T was delivered in poor condition and his progress in the days following delivery was typical of a baby that had suffered severe oxygen deprivation just before birth.

T has been diagnosed with athetoid cerebral palsy. His cognitive function is unimpaired however he has very limited control of his limbs and no speech. T needs help with all aspects of daily living for life.

It was T's case that there had been a negligent failure to identify his impending brain injury by failing to properly interpret and act upon the evidence of his fluctuating heat rate.

It was T's case that had his mother's labour been properly monitored the only reasonable decision would have been to deliver him by caesarean section at least half an hour earlier than he was eventually delivered. Had T been delivered earlier his cerebral palsy would have been avoided.

Although liability was not formally fully admitted the Court entered Judgement against the hospital. T has received an interim payment to allow assistance with his care and to provide appropriate accommodation. His case is proceeding through the Court on the assessment of compensation required to meet his needs for life.