[2009] LTLPI 3.2.10

Claimant suffered prolonged partial intrapartum hypoxia and perinatal stroke resulting in hemiplegic brain injury. She suffered symptoms of epilepsy, visual impairment, learning difficulties and behavioural problems.

Trust admitted that CTG from 1445 hours was non-reassuring and a fetal blood sample should have been taken at 1530 hours. Trust argued however this would have been reassuring, as was the sample eventually taken at 1819 hours. Claimant was subsequently delivered at 1910 hours. Trust further submitted that if earlier delivery had prevented hypoxic injury the subsequent stroke would not have been avoided and this was responsible for the majority of the Claimant’s symptoms.

Claimant alleged the fetal blood sample obtained must have been contaminated and appropriate serial blood sampling would have revealed increasing acidosis which in combination with CTG results should have led to a decision for delivery by 1624 hours, nearly three hours earlier than occurred. Claimant submitted the partial hypoxia caused or contributed to the subsequent stroke, or the effect of the same was indivisible from the subsequent event, and therefore causation should be found in totality.

Out of court settlement: £2 million lump sum which represented half the value of the claim had the Claimant established that the Defendant was responsible for the totality of the brain damage (General Damages £225,000 on full liability basis).