Seven-figure settlement agreed for young girl with brain damage caused at birth

We have settled a claim for a young girl in relation to negligent treatment provided during her mother’s labour, which resulted in brain damage.

Our client’s mother had a double uterus, or uterus didelphys. She previously had a pregnancy in one side of the uterus, and the baby was delivered by caesarean section. 

During her pregnancy with our client, she carried her in the other side of the uterus. When induction of labour was commenced, she was treated as having an ordinary pregnancy with no complications specific to the previous caesarean. The labour failed to progress, and our client was eventually born via caesarean. By this stage her head was impacted and she suffered injury during the attempts to remove her. 

Unfortunately, as a result of this, our client suffered from a subdural haematoma, where blood collects between the skull and the surface of the brain. She had surgery immediately after her birth but suffered permanent brain damage which affected her mobility, fine motor skills and eyesight. She also had developmental delay, cognitive difficulties, and behavioural issues. 

We were instructed by our client’s parents, and we sought expert evidence from an obstetrician, a paediatric neurologist, a neuroradiologist, and a neonatologist. Liability was subsequently agreed between the parties, and we then investigated the value of the claim. 

Further evidence was required from experts in paediatric neurology, care and case management, educational psychology, assistive technology, occupational therapy, ophthalmology, physiotherapy, accommodation, speech and language therapy, and deputyship costs. 

Negotiations with the other side were constructive and led to a settlement, which was then approved by the court, as our client was a child. The settlement comprised a seven-figure lump sum, plus annual payments for life. We hope that this will allow our client and her family to access all the care, support and equipment that they need throughout her life, as well as bringing a sense of closure, knowing that the circumstances of her birth have been properly investigated.

Return to case studies