£300,000 for a woman following the stillbirth of her baby resulting in suffering back and pelvis pain and mental health issues.
Background
In September 2009, the Claimant (“C”) had been suffering symphysis pubis dysfunction (SPD) which is pelvic separation and pain during pregnancy. Her baby was in the breech position. The birth plan was for delivery by caesarean section if baby stayed breech. However, the caesarean was delayed for 48 hours to see whether C went into natural labour. As a result, C’s baby did not survive and was delivered stillborn.
Aftermath
C suffered depression and panic attacks. She felt guilty, had relationship difficulties and gained weight. She became wheelchair-bound and needed help with her own care. C did have some therapy but unfortunately, pre-existing psychological issues made it difficult for her to continue to engage with this help.
Although C’s ongoing physical issues could not be explained medically, it was thought the symptoms were due to unconscious psychological mechanisms. C’s physical and psychiatric symptoms had become chronic. The prognosis was not good.
The Legal Case
Breach of duty was admitted but not causation or the injury.
Out of the award, a very large figure was estimated to be allocated to General Damages (pain and suffering) in the sum of £250,000 with the balance related to financial losses.
NB: this case could have settled for a higher sum, in terms of financial losses, but C was unable to co-operate fully with her own medical experts in the case, which made it impossible to properly and fully value the claim.
If you have suffered medical negligence or mistreatment that led to a stillbirth or neonatal death, please get in touch today to speak to one of our highly-qualified solicitors about bringing a birth injury claim. At Medical Solicitors, our compassionate approach puts you first, and we are able to work the majority of our cases on a conditional fee agreement (also known as no-win, no-fee).
