Wrongful birth case settles for over £2,000,000

Our client, a woman now aged 33, from East Kent, fell pregnant, with her third child, in November 2007.

She and her partner had no reason to think that there were would be difficulties with the pregnancy as she had enjoyed a healthy pregnancy and normal deliveries with their first two children.

Unfortunately, her third child suffered with a congenital disorder which causes malformations of the developing brain.

Our client was cared for at the QEQM Hospital in Margate when she underwent the usual sequence of ultrasound scans during the pregnancy.

Unfortunately, those treating her at the QEQM, failed to recognise the increasingly worrying features that were evident on the ultrasound scans.

Accordingly, our client went ahead with the pregnancy with no – one being aware that there was a problem.

Subsequently, she gave birth to her child, a son, in August 2008.

It was clear all was not well, following the birth, and subsequent investigations, locally and upon referral, confirmed the condition and that our client’s son had severe neurological impairments and disabilities which will be life long.

Proceedings brought against the East Kent Hospitals University NHS Foundation Trust, who are responsible for the QEQM Hospital in Margate, alleging negligent wrongful birth, resulted in the Trust, through their solicitors, making an early admission of liability in February 2013.

Subsequently, judgement was entered for our client with damages to be assessed.

Following this, the value to the case was assessed with the assistance of a range of experts.

The case was set for final hearing, on quantum alone, in the Royal Courts of Justice, in December this year.

Following an earlier failed Round Table Meeting, to try and conciliate a settlement, the case finally settled this week in the sum of £2,075,000.

Our client is due a formal apology letter from the Chief Executive of East Kent Hospitals University NHS Foundation Trust.

Nick Fairweather, who had conduct of the case, on behalf of the mother, commented:-

“Although this is a tragic case, with profound disabilities, and a reasonably high level of settlement, my abiding feeling, at the end of it, is one of complete admiration for my client and her family who provide such excellent care to their son.  He is about as disabled as it is possible to be.  Yet he is at the centre of a very busy and active family and receives first rate care.  This gives him, I am sure, a fantastic quality of life, as good as is possible in all the circumstances. Obviously enough, however, the money will help make things easier in looking after this little boy as he grows older with all the many needs that he has. It has been an absolute privilege to represent this family and I wish them all the very best for the future.”