We have successfully settled a claim this month against Stafford Hospital for compensation arising out of the negligence of the hospital in the total sum of £20,000.00. Compensation was paid for psychological injury, pain and suffering and bereavement damages.

The brief circumstances were that the Claimant enjoyed a normal pregnancy in 2001 and was admitted to hospital close to her due date in the normal course of events. CTG tracings were undertaken. After 9 hours the Claimant’s membranes ruptured and meconium stained liquor was noted. After some 10 hours concerns were expressed at the information being shown on the CTG. The father of the child, who was present throughout, had expressed his own concerns at the CTG tracing and his wife’s condition. The child was born after some 14 hours labour and was in a poorly condition. Sadly the baby died after 2 days. The cause of death was stated as intra-partum asphyxia and its consequences hypoxic ischemia brain damage, aspiration of the amniotic fluid with consequent early pneumonia. The allegations of negligence included:

 Failure to transfer care to a specialist obstetrician
 Failure to follow emergency guidelines
 Discontinued the CTG tracings at too early a stage when had they continued abnormalities would have been apparent

Liability was denied. Damages were claimed for bereavement, psychological injury to the parents and pain and suffering for the child. The hospital raised issues as to whether the father was entitled to bring a claim as a secondary victim and referred to the case of Allcock v Chief Constable of South Yorkshire (1992) and Page v Smith (1996).

The case was settled without an admission of liability, after the issue of proceedings, but before trial. The Claimant’s action was funded initially privately and subsequently pursuant to a No Win No Fee Agreement with an After the Event Insurance Policy provided by Law Assist.

We were assisted by Hugh Davies of Counsel at Lincoln House Chambers, Manchester.