£42,500 Recovered for New Born Baby Death Caused by Sub– Standard Maternity Care

17th June 2021 – Our client, a 36-year-old woman from Canterbury, suffered the loss of her first child on 29.03.16 after a prolonged, mismanaged labour. She was under the care of the Maidstone & Tunbridge Wells NHS Trust and was admitted to hospital on 26.03.16 for induction of labour. Induction began at 13:00 on 26.03.16, the hind-waters broke at 03:30 at 27.03.16, the fore- waters broke at 12:40 on 28.03.16 and delivery eventually took place by C- section at 10:54 on 29.03.16.

Our client had a raised temperature and pulse at 01:40 on 29.03.16, when Paracetamol was given. The temperature reduced but was raised again by 05:00 and her pulse remained raised throughout. Despite this, it was not until 09:00 that antibiotics were considered. They were not prescribed, however, because the obstetric team were busy in theatre.

At 10:00 there was concern about a high foetal heartrate and preparations were made for a trial of instrumental delivery. Our client ultimately proceeded straight to C-section, however, due to a worsening CTG.

Our client’s baby son was born in a poor condition. Resuscitation was performed by the paediatric team, to no avail, and he passed away at just 33 minutes of age.

A post mortem found the cause of death to be pneumonia arising from a Group B Streptococcus infection. The infection had full antibiotic sensitivities so that, had antibiotics had been prescribed early enough, they would have effectively treated the infection.

Our client suffered psychiatric injury as a consequence of the avoidable death of her child and required counselling during her 2 subsequent pregnancies. She also required counselling surrounding difficult issues in her job and suffered a reduction in her enjoyment of her work.

Expert evidence was obtained from an obstetrician, who confirmed that there were a range of failings during the course of our client’s labour – these included:- (i) a failure to augment labour with Syntocinon 24 hours after
spontaneous rupture of membranes; (ii) a failure to prescribe antibiotics at 01:40 given the prolonged rupture of membranes and the significant spike of temperature; and (iii) a further failure to prescribe antibiotics at 05:00 given the ongoing prolonged rupture of membranes and the recurrent spike of temperature.

A letter of claim was submitted to the Defendant Trust. After some delay, the Trust made some partial admissions on breach of duty and importantly admitted that our client’s son would have survived but for those breaches of duty.

Our client was then assessed by a psychiatric expert, before settlement negotiations took place. The Trust initially made an offer of £28,000, and settlement was eventually achieved in the sum of £42,500.

Alex Tengroth had conduct of the matter throughout.

Our client said “A huge thank you to Alex for all of his hard work on my case. I was in safe hands from start to finish; he was diligent and thorough and his advice was easy to follow and well considered. The best thing was that despite this being about an incredibly painful experience in my life, he was able to convey the pros and cons of my case at each stage in a sensitive way.”

If you or your family need the assistance of an experienced team of Clinical Negligence Solicitors surrounding an inquest or civil claim then please do not hesitate to phone us free on 0800 999 5585, request a call back or submit your case details.