[2008] LTLPI 21.05.09

First Claimant (C) suffered uterine rupture at delivery of her third child who died shortly after birth. C and her husband (P) subsequently developed pathological grief reaction and depression, which was persisting four years later. Cognitive behavioural therapy recommended.

C had previously suffered uterine rupture in her second pregnancy and a low threshold for Caesarean section was formulated for this pregnancy. C was admitted at 29+5 weeks suffering from abdominal pain but there was a delay in proceeding to Caesarean section pending confirmatory ultrasound of uterine rupture. Subsequent crash Caesarean section delivered a baby in poor condition who failed to respond to resuscitation.

Claimants alleged negligence in failing to recognise urgency upon admission and proceed to emergency Caesarean section which would have resulted in the baby surviving. Liability admitted.

Out of court settlement: £82,500 (estimated General Damages £30,000 for each Claimant).