Brain damage due to attempts to disimpact the fetal head following a delay in delivery

Our client sustained a traumatic brain injury during their delivery and, in particular, during attempts to disimpact the fetal head. Our client has spastic diplegia, some mild learning difficulties, visual problems, and they are felt to be vulnerable. The breach of duty was the failure to expedite the delivery when indicated, and thereby avoid impaction of the fetal head in the mother’s pelvis. Supportive expert evidence on liability was obtained from experts in the fields of midwifery, obstetrics, paediatric neuroradiology, paediatric neurology, and neonatology.

Liability was disputed in full but, after proceedings were issued and the various litigation steps were followed, liability was concluded on a split liability basis during a joint settlement meeting. The claim was then quantified, and expert reports were obtained from experts in the fields of paediatric neurology, care and case management, occupational therapy, speech and language therapy, ophthalmology, orthopaedics, educational psychology, assistive technology, accommodation, deputyship, and loss of earnings/pension. 

The parties proceeded through the steps of the litigation, including the exchange of schedules of loss and expert reports and, shortly before trial, reached terms of settlement during a joint settlement meeting, subject to court approval. The settlement comprised a seven-figure lump sum and annual periodical payments. The damages will ensure that our client has access to the care, housing, therapy, aids and equipment that they require for the rest of their life.

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