Settlement for cerebral palsy due to uterine rupture

The story 

We settled a claim for a client diagnosed with Grade 3 Hypoxic Ischemic Encephalopathy at birth. Despite the consultant's advice for a c-section, the client's mother was incorrectly advised by a midwife to undergo a vaginal delivery, which was beyond the midwife's expertise.

The details 

Our client was born following a complicated and poorly managed delivery. Initially, the mother was advised against induction of labour and scheduled for a c-section because of medical concerns. However, on the day of the planned c-section, a midwife pressured her into consenting to a vaginal birth after caesarean section (VBAC), highlighting the alarming risks of a c-section without fully explaining the associated risks of VBAC in her situation. Labour was induced, and complications arose when oxytocin was administered despite concerns about the mother's previous c-section scar. This led to a uterine rupture and an emergency c-section.

Our client was born severely ill, diagnosed with brain damage and cerebral palsy due to the traumatic birth process. She spent 59 days in the neonatal unit and continues to face ongoing health challenges, including difficulty swallowing. The poor management of the delivery and conflicting medical advice resulted in a distressing and traumatic experience for both our client and her family.

The impact

Our client was diagnosed with Grade 3 Hypoxic Ischemic Encephalopathy at birth, leading to severe and lasting health challenges. During her early years, she experienced frequent seizures and vomiting, which delayed her physical and cognitive development. As her condition progressed, she became entirely dependent on a nasogastric tube for feeding, unable to swallow safely or consume food orally. Her medical needs require constant supervision and specialised care, including assistance with daily activities such as bathing, dressing, and mobility. Additionally, she requires regular medication and monitoring for her seizures, as well as ongoing physiotherapy to aid her limited mobility. Her living space has been adapted to accommodate medical equipment and provide a safe environment due to her complex care requirements. The combination of her physical limitations, medical needs, and the constant care she requires has significantly impacted her quality of life and the lives of those around her.

How we helped

Our client’s legal team, led by Sharon Banga, played a pivotal role in securing the necessary financial support for our client’s ongoing care and needs. After Sharon secured an admission of liability, we successfully obtained interim payments, providing immediate financial relief for the family. These payments were crucial in covering our client’s early medical expenses, ongoing therapies, and essential support services while the case progressed. They also funded specialist care, including physiotherapy and speech and language therapy.

Additionally, the legal team arranged a tailored care package for our client’s long-term needs, securing appropriate accommodation suited to her specific requirements for life. The case was settled for an eight-figure sum before going to trial, ensuring the family had the resources needed to address the child’s medical and care needs, with the interim payments bridging the gap until the final settlement was reached.

Our client’s family said:

“We are grateful to Sharon for the assistance provided to us. She has been with us every step of the way providing explanation and support, whenever needed.  We could not have achieved this settlement for our child without her.”

Disclaimer

This information is for educational purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any of the information given. © Shoosmiths LLP 2025