Cerebral Palsy – Bilateral Dystonic Cerebral Palsy

Judgement entered for the client. Damages to be assessed when the child is old enough for a prognosis to be made
Defendants: St George’s Healthcare NHS Trust

The Facts

The Claimant was born in June 2009, about 10 days after the expected estimated due date.  The mother had a normal pregnancy.

When she was admitted to the birthing unit, CTG monitoring was carried out and an artificial rupture of membranes was performed.  Shortly afterwards, abnormalities appeared in the CTG trace which continued. These included prolonged episodes of fetal bradycardia, lack of baseline variability in the CTG trace and so on 

However it was a further 90 minutes until he was delivered by emergency caesarean.  At birth, he was in very poor condition, pale, floppy and with a very low heart rate.  He suffered brain damage as a result of profound asphyxia in the period of about 15 minutes before the birth.  He went on to develop bilateral dystonic cerebral palsy.

Allegations against the Hospital. These included:

• That the midwife failed to interpret the CTG trace adequately, or at all.
• That she failed to obtain medical advice at an appropriate time, or at all.
• That the midwife and doctors failed to recognise the bradycardia and the absence of baseline variability in the CTG trace.
• That the baby suffered from lack of oxygen supply in the time leading up to birth and as a result was born in very poor condition. He went on to develop hypoxic ischaemic encaphalopathy and then was diagnosed with bilateral dystonic cerebral palsy.

Result

Detailed investigations were carried out and opinions were obtained from experts in five medical specialities.  Upon service of detailed particulars of the claim, the defendants carried out investigations. Liability and causation were then fully admitted with damages to be assessed.

Judgement has been entered against the Defendant and a large interim payment has been obtained to help with immediate needs, rehabilitation and so on.

The case will remain open until the child is of an age when his lifelong needs can be fully assessed.