High Court approves £15m payout for child who suffered significant injuries at birth

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Kelly Withers

Senior Associate Solicitor

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Blackpool Teaching Hospitals Trust admits breach of duty

A High Court judge has awarded a young boy with multiple complex needs a £15m compensation care package after the hospital trust responsible for his care admitted that the injuries he sustained at birth could have been avoided.

The child, referred to as ABJ to protect his identity, was born after his mother was admitted to Blackpool Victoria Hospital multiple times in 2008 when she was pregnant with her first child, complaining of vomiting and bleeding.

She underwent tests which indicated that she had a possible infection, but when she attended later the same day having gone into labour, no action was taken to respond to the findings. She was subsequently discharged with her newborn son without appropriate antibiotic treatment being administered.

ABJ was then readmitted to hospital just two weeks later with severe symptoms including swelling and difficulties breathing. He was diagnosed with Group A Streptococcal septicaemia, a type of bacterial infection, which led to a series of life-threatening conditions including meningitis.

Whilst he initially made good progress in his recovery, he has since undergone numerous surgeries and continues to face significant challenges. He suffers from cognitive difficulties, mobility issues, and will require ongoing medical and educational support.

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Legal Action and Compensation Settlement

Following their ordeal, ABJ’s mother appointed medical negligence law experts at Simpson Millar to investigate the care that they had received, and to determine whether more could have been done to diagnose his condition and treat it sooner.

Her legal team, led by lawyer Kelly Withers, brought a claim for negligence against Blackpool Teaching Hospitals Trust, alleging that she should have been made aware of the test results and the associated risks of the infection, and that both mother and baby should have been given antibiotics.

The trust has since admitted that failing to do so represents ‘a breach of duty’, with the High Court approving a £15m compensation care package at a hearing which took place on September 11th in London.

The settlement will fund his ongoing and future medical care such as surgeries and therapy, specialist educational assistance tailored to his needs, as well as equipment and modifications to support his mobility and independence.

 

Impact on the Family, Future Care, and Systemic Change in Maternity Care

Commenting on the outcome of the case ABJ’s mother said she was ‘relieved’ to have secured a settlement that would allow her son to live ‘as normal a life as possible’ despite his injuries.

She added that whilst no amount would ever compensate the family for their ordeal, they were grateful to now have access to have the financial security that would allow them to meet ABJ’s needs for the rest of his life.

Kelly Withers, the legal expert from Simpson Millar leading the case, stated: "This settlement is a crucial step towards providing the necessary lifelong care and support for ABJ.

“The injuries he sustained due to the failure in medical care have had profound and lasting impact on his life and the lives of his family members, but this outcome means they are now able to focus on the future.

“This case also shines a light on the importance of the Government’s ongoing inquiry into traumatic childbirths, which calls for an overhaul of the UK's maternity and postnatal care system.

“It is vital that lessons learnt as a result of incidents such as this are shared across the NHS to prevent similar occurrences in the future.”

The Trust has since issued an apology to the family.

Sally Hatfield KC from Byrom St Chambers was instructed by Simpson Millar to act on behalf of ABJ and his family.

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References:

Simpsonmillar.co.uk. (2019). Kelly Withers | Senior Associate Solicitor | Simpson Millar Solicitors. [online] Available at: https://www.simpsonmillar.co.uk/our-people/kelly-withers/

www.simpsonmillar.co.uk. (2023). Medical Negligence Solicitors | Simpson Millar Solicitors. [online] Available at: https://www.simpsonmillar.co.uk/medical-negligence-solicitors/

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Kelly Withers

Senior Associate Solicitor

Areas of Expertise:
Medical Negligence

As an Associate Solicitor within our Medical Negligence team, Kelly represents clients who have suffered as a result of negligence by a medical professional.

With her experience of Medical Negligence law, Kelly understands that these types of claims can be difficult to deal with. She likes to make sure that her clients feel that they can reach out any time to discuss their claim, ask questions and receive straightforward responses.

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