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Brain damaged baby, failure to deliver earlier

Defendants: East and North Hertfordshire NHS Trust

The Facts

The client was a 28 year old woman who was pregnant and attended hospital to give birth when she started to have labour pains. She was monitored during the birth but unfortunately the medical staff did not watch and interpret the information provided appropriately. So it was not realised that the baby was in distress and suffering from oxygen deprivation and should have been delivered quickly by caesarean section.

When the baby was born he was blue and flat and had suffered severe damage to his brain from lack of oxygen during his birth and had cerebral palsy. Later MRI scans confirmed he had suffered massive brain damage from lack of oxygen to his brain during birth.

Sadly he died at the age of 6 months.


  • The medical staff monitoring the baby during labour should have realised that he was in distress and arranged an early delivery by caesarean section
  • Failure to deliver by caesarean section meant the baby was born with brain damage from oxygen deprivation and had cerebral palsy. He subsequently died as a result of the injury.


A claim was made and the defendants admitted liability soon after. Terms of settlement were agreed. The client received £75,000 damages for the injuries.