Child's asphyxia from blocked ventilation tube

Our client was nine days old when he suffered asphyxia because a ventilation tube became blocked, starving him of oxygen and causing permanent brain damage.

There was a failure to appreciate the capillary sample blood results which evidenced a severe mixed respiratory and metabolic acidosis because of the hypoxia. The need for ventilation arose because the treating hospital had failed in its antenatal care to administer enough steroids to our client before his birth to prevent respiratory distress syndrome, in the context of his prematurity.

Evidence was obtained, by both parties, from experts in the fields of maternal and fetal medicine, midwifery, paediatric neurology, neonatology, and paediatric neuroradiology. The parties negotiated liability and judgment was entered in our client’s favour.

Detailed consideration of our client’s lifetime needs was then undertaken, with reports being commissioned from experts in the fields of care and case management, occupational therapy and aids and equipment, accommodation, physiotherapy, neuropsychology, orthotics, ophthalmology, and orthopaedics. Ultimately, the parties agreed terms of settlement which were approved by the court.

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