Birth Injury in Hospital Archives - Page 5 of 5

If you or your child have sustained a birth injury in hospital, you should be entitled to receive compensation. Unlike most personal injuries, when you claim compensation for a birth injury in hospital, your claim is not dealt with by the Injuries Board Ireland and has to be resolved by negotiation between your solicitor and the negligent medical practitioner´s insurers or through the court system. Compensation settlements for a birth injury in hospital tend to be substantial and, to ensure you receive the maximum possible compensation for a birth injury in hospital, you are advised to speak with an experienced hospital negligence solicitor at the first possible opportunity.

Apr 25 2013

Hospital Obstetric Negligence Compensation Claim Settled at Court

Birth Injury in Hospital

The family of a girl, who sustained brain damage at birth when a locum doctor failed to recognise the necessity for a Caesarean section, have had their hospital obstetric negligence compensation claim settled at the High Court.

Sonya Butler, a native of Dunmore in County Waterford was taken to Waterford Regional Hospital in April 2005 after a healthy pregnancy and was looking forward to giving birth to her first child. However, her consultant obstetrician – John Bermingham – and the hospital´s two other obstetric doctors had all been permitted to take annual leave at the same time, and the hospital had employed a locum – Mahmud Khbuli – to cover for them.

Sadly, Dr Khbuli did not recognise the necessity for a Caesarean section during Sonya´s pre-operative examination and, when Sonya´s daughter – Alex – was delivered, she had experienced a lack of oxygen in the womb which resulted in the little girl suffering brain trauma and she was born tetraplegic.

In a legal action taken on her behalf by her mother, Alex made a hospital obstetric negligence compensation claim against the hospital, Dr Bermingham and Dr Khbuli; claiming that the hospital was negligent by failing to employ a sufficient number of adequately trained and competent medical staff to supervise her delivery, that Dr Bermingham should not have taken leave when the family had chosen private treatment and that Sonya´s pre-operative examination by Dr Khbuli was substandard.

At the High Court, the Health Service Executive (HSE) agreed that errors were made which should never have occurred and an apology was read out to the family on behalf of Waterford Regional Hospital. The court was informed that the action against Doctors Bermingham and Khbuli had been dropped and medical negligence compensation of €1.4 million had been agreed as an interim settlement of the family´s chospital obstetric negligence compensation claim.

The compensation figure is to be reviewed in two years, when Alex’s future care needs have been assessed and there may be the option of a structured settlement.

Apr 17 2013

One Step Closer to Compensation for Symphysiotomy Survivors

Birth Injury in Hospital, Clinical Malpractice in Hospital, Hospital Medical Negligence

The prospect of compensation for symphysiotomy survivors moved one step closer last night when the second stage of Caoimhghín Ó Caoláin Private Members Bill to introduce a one year window in the Statute of Limitations passed through the Dáil unopposed.

Many of the women who underwent symphysiotomy and pubiotomy procedures without their knowledge or consent were in the Dáil to hear the Sinn Féin’s Health Spokesman introduce his Bill by saying “Lifting the statute bar – unanimously recommended by the Joint Oireachtas Committee on Justice in June 2012 – would obviate procedural battles and ensure unfettered access for all to the courts. Judges here have no discretion in relation to the statute bar, as they do in other common law jurisdictions”.

The issue that faced the survivors of symphysiotomy procedures – carried out in Ireland between the 1940s and 1990s to aid childbirth as an alternative to a Caesarean Section – is that their right to claim compensation for symphysiotomy injuries was time-barred by the Statute of Limitations. Caoimhghín Ó Caoláin´s proposed legislation would open a one-year window to enable claims for compensation for symphysiotomy survivors to be processed through the courts.

The Government had already indicated that they would not oppose the proposed Private Members Bill, and Health Minister Dr. James Reilly received a warm reception when he announced that he would ensure that legislation to allow compensation for symphysiotomy survivors would be put in place by the end of the year. “Actions must bring closure for those who have been harmed, and who we cannot give back their lives,” he said. “But we can ensure resources flow to them and not elsewhere.

A spokesman for the Department of Health believes some work needs to be done on the drafting of the legislation for it to pass through the committee stage and into law, but Dr. Reilly indicated in his speech that he would brief the Government further once he receives the final independent Walsh Report.

Feb 19 2013

Failed Sterilisation Compensation Awarded by High Court

Birth Injury in Hospital, Clinical Malpractice in Hospital, Doctor Malpractice in Hospital, Hospital Medical Malpractice, Wrongful Death due to Hospital Negligence

The High Court has awarded a mother €100,000 for failed sterilisation compensation after the son she was never supposed to have died after only six months of life.

Karen Hurley-Ahern (41) from County Limerick, underwent the sterilisation operation in February 2001 after finding from her GP that she had an unusual blood-clotting disorder that would pose a risk to herif ever she were to fall pregnant again.

The operation was carried by gynaecologist Dr Victor Moore at the Tralee General Hospital, but in April 2002 Karen became pregnant once more and, after a difficult pregnancy, gave birth to baby Samuel on 10th October 2002 – six weeks prematurely and by emergency Caesarean section.

Samuel experienced severe abnormalities which were unrelated to Kare’s sterilisation operation, and stayed in hospital for six months – kept alive by a series of life-support machines. In April 2003, Samuel experienced a severe heart attack and Karen and her partner – Garrett Ahern – made the difficult decision to turn off the life-support machines.

After seeking legal guidance, Karen and Garrett began a claim for failed sterilisation compensation against Dr Moore and the Southern Health Board (now the Health Service Executive), for the pain and trauma the couple had been through due to the unsuccessful sterilisation procedure.

Dr Moore and the HSE did not accept liability – alleging that the operation had been performed correctly and the couple had been advised that there was a chance of failure. However, in the High Court in Dublin, Mr Justice Sean Ryan ruled in favour of the now-separated claimants – recognising that Samuel’s disability was not as a result of the failed sterilisation procedure, but stating that Karen had suffered to a major extent due to the defendant´s negligence.

Awarding Karen €100,000 in failed sterilisation compensation, Mr Justice Sean Ryan stated that the award was in respect of the worry she had suffered when she found she was pregnant, the pain of childbirth, the distress of Samuel’s illness and distress after his death. However, no compensation award was made to Garrett as – according to Mt Justice Sean Ryan – while he had undoubtedly endured emotional trauma, there was no evidence Garrett had sustained a defined psychiatric injury.

Aug 15 2012

Compensation for Hospital Mismanaged Birth Approved in Court

Birth Injury in Hospital

A woman, who was starved of oxygen at birth and has suffered a lifetime of learning difficulties, has had a settlement of compensation for her hospital mismanaged birth approved at London´s Royal Courts of Justice.

Susanne Turner (45) from Wittersham in Kent was born at Buchanan Street Hospital in St Leonards-on-Sea after a delayed Caesarean operation due to neither a surgeon nor an anaesthetist being available to perform the procedure at the time. Due to this, Susanne was deprived of oxygen in the womb, unable to breathe independently when she was born and suffered severe brain damage.

Susanne´s parents – Christopher and Sandra – brought up Susanne without assistance, and unaware that they were entitled to claim compensation for the hospital mismanaged birth, until they read a magazine article which explained Susanne´s rights to compensation.

When they sought legal advice about their situation, Christopher and Sandra discovered that – as Susanne did not have the mental capacity to bring a claim for hospital mismanaged birth compensation herself – they were still within the time frame allowed to sue the South East Coast Strategic Health Authority for the negligent situation which had occurred in 1967.

After reviewing the claim for hospital mismanaged birth compensation, South East Coast Strategic Health Authority quickly admitted their liability for Susanne´s birth injury and, at the Royal Courts of Justice, issued a formal apology for the mismanagement of Susanne´s birth.

Approving the settlement of compensation for hospital mismanaged birth, which will take the form of annual payments and a lump sum payment to pay for a specially-adapted home for Susanne, judge Mrs Justice Nicola Davies paid tribute to Christopher and Sandra´s “love and devotion”. The settlement is estimated to be worth 4.2 million pounds and will provide Susanne with the care she needs for the remainder of her life.

Oct 21 2011

Brain Damaged at Birth Hospital Compensation Settlement Approved

Birth Injury in Hospital, Cerebral Palsy due to Hospital Negligence, Doctor Malpractice in Hospital, Hospital Medical Malpractice

An eleven year old girl, who was starved of oxygen during her birth and is now permanently brain damaged, has had a brain damaged at birth hospital compensation settlement of 1.75 million pounds approved at the High Court.

The unnamed girl was born at West Sussex Hospital in 2000 but, during her delivery, obstetric staff did not notice signs of foetal distress. The girl is not able to walk or talk, and uses an electric scooter for mobility and a computer to communicate.

“I am constantly amazed by the triumph of hope over adversity” stated Mr Justice Butterfield, as he approved the brain in jury at birth hospital compensation settlement against the West Sussex NHS Trust which includes an immediate lump sum payment of 1.75 million pounds and annual payments to fund a lifetime of care.

Mr Justice Butterfield also had words for the girl´s parents, stating that “The devotion and care of her parents is undoubted and we very much hope that this sum of money will provide her with the very best possible future.”

Aug 10 2011

London Boy Awarded 6.6 Million Pounds for Hospital Birth Injury

Birth Injury in Hospital, Hospital Medical Malpractice, Hospital Medical Negligence

A young boy, who suffered catastrophic brain damage during his delivery, has had a hospital compensation settlement package approved at London´s High Court.

Leo Whiten (7) from Tooting, London, was born in 2004 at St. George´s Hospital in Tooting but, due to the mismanagement of his birth, sustained brain damage which has left him requiring full-time care as he is unable to stand or walk by himself and has limited speech, which was described in court as non-functional.

St. George´s Healthcare NHS Trust admitted errors in respect of managing Samantha Nowell´s labour – Leo´s mother – and during his birth, and at the High Court in London, Mrs Justice Swift heard expert testimony that Leo will always be totally dependent on the care of others for his daily activities.

Announcing the hospital birth injury compensation settlement package, which consists of a 2.7 million pounds lump payment and staged annual payments, the judge stated that “Leo will never be able to live independently, will not be capable of any form of employment and will never have the necessary mental capacity to be able to manage his own affairs”.

Jul 21 2011

Hospital Birth Injury Cerebral Palsy Girl Awarded 5 Million Pounds Compensation

Birth Injury in Hospital, Cerebral Palsy due to Hospital Negligence, Hospital Medical Malpractice

A twelve-year-old girl, who sustained severe brain damage due to mistakes made during her delivery, has been awarded 5 million pounds in a hospital birth injury cerebral palsy compensation.

Sophie Clarke (12) from Pontyclun, Rhondda Cynon Taf, was born in 1998. However, a gross abnormality of Sophie´s heart rate was not identified, despite it registering on monitoring equipment.

If staff at the Princess of Wales Hospital had noticed Sophie´s condition, they would have intervened and delivery her by Caesarean Section. However, they permitted the birth to continue naturally, causing Sophie to suffer from a lack of oxygen in the womb.

Sophie suffers from traumatic cerebral palsy as a result of the errors made at the hospital and now needs twenty-four hour care, is fed via a tube and is confined to a wheelchair.

Solicitors acting for the family sued the Abertawe Bro Morgannwg University Health Board for negligence, and in a hearing at Cardiff Crown Court the negotiated settlement of 5 million pounds was approved.

Jun 27 2011

Child Paralysed at Birth Awarded 6 Million Pound Package

Birth Injury in Hospital, Hospital Medical Malpractice

A six year old boy, who is only able to move his eyes after an error in his delivery left him in a quadriplegic condition, has been awarded a 6 million pounds child paralysed at birth compensation package at London´s High Court.

The boy, whose name was withheld in court, suffered severe cerebral palsy due to delays in a caesarean section being performed at Epsom Hospital in December 2004 and now requires around-the-clock care.

Suing Epsom and St Helier University Hospitals NHS Trust through his mother, the boy alleged that their medical negligence had led to his condition and, after an investigation, Mr Justice Eady at the High Court heard that the NHS Trust admittedly liability.

The child paralysed at birth compensation settlement which totals 5,961,199 pounds, is to paid in a lump sum of 2.8 million pounds to pay for the care and specialist treatment he requires now, with further index-linked and tax free payments throughout the remainder of the child´s life.

Apr 21 2011

Multi-Million Hospital Celebral Palsy Compensation Due To 15 Minute Delay

Birth Injury in Hospital, Cerebral Palsy due to Hospital Negligence, Hospital Medical Malpractice

An eight year old boy, who sustained terrible brain damage due to being starved of oxygen at his birth, has been awarded a multi-million pound hospital cerebral palsy compensation package by the High Court in London.

Callum Davies, of Abergavenny, Monmouthshire, was born at tAbergavenny in November 2002. A fifteen-minute delay in his delivery starved his brain of oxygen, and resulted in Callum sustaining dyskinetic hospital cerebral palsy and brain damage.

Claiming medical negligence against the Gwent Healthcare NHS Trust through his father Paul, Callum will now need extensive care for the remainder of his life – care which has been provided for him until now by his parents.

The health board which succeeded Gwent Healthcare NHS Trust in 2009 – the Anuerin Bevan Health Board – admitted liability for Callum’s hospital birth injury and issued an apology in front of Mrs Justice Nicola Davies at the High Court.

Announcing details of the hospital cerebral palsy compensation package, Judge Davies approved an immediate payment of 2.275 million pounds in order to adapt the family home and provide an education programme for Callum. Further annual payments will be made by the NHS Trust to cover the cost of his future care.

Addressing Callum’s parents in court, the judge went on to say “It is clear that the care which you and your wife have given is of the highest order. I know that Callum’s injuries have impacted on you and your whole family as a unit and that is something which at times is very, very difficult for families. I am well aware that the settlement approved by the court is not the complete answer, but what I do hope for the family is that these monies will make life easier”.

Dec 16 2010

Hospital Birth Injury Claim Won by 33 Year Old Man

Birth Injury in Hospital, Clinical Malpractice in Hospital, Hospital Medical Malpractice

An incredible 33 years after his birth, an Oxfordshire man you suffered catastrophic injuries during his birth, has been awarded a 5.7 million pounds package in a hospital birth injury claim for compensation.

Ian Murphy was born in the city’s John Radcliffe Hospital in 1977. During his delivery his brain was starved of oxygen, resulting in Ian sustaining a cerebral palsy injury and being confined to a wheelchair from birth.

Ian has been always been supported by his parents, who have given day-to-day care since he was diagnosed with the condition. Ian experiences difficulties in communicating and socialising and it was only when his parents started enquiring about suitable accommodation for when they are no longer able to care for him themselves, that they discovered they were entitled to compensation.

After taking legal guidance, they claimed compensation for medical negligence against the South Central Strategic Health Authority, and in the Royal Court of Justice received an apology for errors made during the delivery and approval of a 5.7 million pounds compensation package.

Archive for Category: Birth Injury in Hospital

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