Settlement agreed after premature delivery caused severe injuries
16 Dec 2009
Law firm Irwin Mitchell has negotiated a seven-figure settlement to cover the rehabilitation and long-term care costs of Miss Ferrier, who developed cerebral palsy after an unnecessary emergency caesarean.
Miss Ferrier was born in May 1991, at Grimsby Maternity Hospital by emergency caesarean section at 31 weeks. Until then Mrs Cuthbert’s pregnancy had been progressing well and regular antenatal visits to her GP and scans found no complications.
Miss Ferrier later developed cerebral palsy and Yorkshire and Humber Strategic Health Authority admitted that this was due to shortcomings in the care provided. The seven-figure settlement negotiated by Irwin Mitchell was approved at a hearing at Sheffield High Court and will cover Miss Ferrier’s care and rehabilitation costs and adaptations to her accommodation.
Miss Ferrier, now 18-years-old, requires 24 hour care with a marked delay in her development and associated learning difficulties along with visual impairment. She has been cared for by family since her discharge from hospital.
Tom Mather, a medical law specialist at Irwin Mitchell representing the family, said: "I’m delighted for Miss Ferrier and her family that the Health Authority has seen fit to make a full admission with an apology and come to an agreement over her future needs.
“This has been an extremely stressful situation for the family and they are relieved that they can finally begin to move on with their lives.”
Mrs Cuthbert says: “Having a baby early is a very worrying and upsetting time, but then to find out nine months later that your child has cerebral palsy is just devastating. For the past eighteen years I have had to make a lot of big decisions over her medical and care needs, and this in itself just breaks your heart having to watch your child go through so much. No parent should have to go through that. I have often asked myself if it was something I did or didn’t do in my pregnancy. So finding out I had nothing to do with my daughter’s health problems has been a big weight lifted off my shoulders. “
“We take each day as it comes because you have to. Having a disabled child is hard work and I know I am not the only person out there, but it can be a very lonely place.
“As a mother I have tried to be her rock, but as always she has been mine. She is my very brave little star.“
Mrs Cuthbert’s pregnancy was progressing fine until she had some sharp pains in her abdomen. She called her midwife who advised her to call the hospital for further guidance. She was asked to attend the maternity unit at Grimsby Hospital where a doctor decided that an emergency caesarean section was needed. After Miss Ferrier was born she was admitted to the special care baby unit and then allowed home on 18th June 1991.
Nine months later Miss Ferrier was referred to the Paediatric Department of Grimsby Hospital because of concerns over her development. Following substantial investigation it was found she had developed Cerebral Palsy.
Following action from law firm Irwin Mitchell, the Yorkshire and the Humber Strategic Health Authority admitted that Miss Ferrier should not have been delivered at 31 weeks and that appropriate management would have been to monitor the situation. It also admitted that Miss Ferrier’s premature birth caused her significant injury.
The chief executive of Yorkshire and the Humber Strategic Health Authority wrote to apologise to Mrs Cuthbert on 2nd May 2008 for the shortcomings in the care received in 1991.
Irwin Mitchell has negotiated the seven-figure settlement after assessing the extent of Miss Ferrier’s injuries and her long-term needs. These funds will be managed by the court of protection to cover costs such as providing suitable accommodation and care for the rest of her life.
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