East Sussex man wins clinical negligence claim after suffering severe brain injury at birth

Posted: 31/05/2012

The Royal Courts of Justice has this week approved a significant clinical negligence settlement, which could ultimately amount to several million pounds, for David Fawdrey, a 20 year old man from Lewes in East Sussex who sustained a severe brain injury at birth as a result of the poor obstetric management of his mother’s labour at Basildon Hospital in 1991.

David was delivered by emergency caesarean section after suffering fetal distress caused by starvation of oxygen during labour. Soon after his birth he started to have fits and was admitted to the Special Care Baby Unit at Basildon Hospital. David was diagnosed with learning difficulties, epilepsy and visual impairment as a young child.

Through his Litigation Friend, David brought proceedings against East of England Strategic Health Authority, which is responsible for Basildon Hospital, claiming that the obstetric care his mother received was negligent and that this was the cause of his brain injury. David alleged that the midwifery staff failed to recognise and act upon non-reassuring features of the CTG traces which in fact demonstrated fetal distress and a need to expedite delivery. He further alleged that the midwifery observations were infrequent and that the midwives should have summoned help from a doctor much sooner. When a medical review was requested, the obstetric doctor failed to attend promptly and this caused further delay. David claimed that had his mother’s labour been managed differently, there would have been an opportunity to deliver him safely before his permanent and severe brain injury had occurred.

The proceedings were issued in March 2011. Liability was contested but the defendant health authority was ultimately willing to enter into negotiations to try to reach a liability settlement. The parties subsequently agreed to compromise the claim and judgment has now been entered for David with damages to be assessed. The agreement reached through negotiation is that David will receive 70% of those damages.

The court proceedings will now continue as the parties quantify the damages to which David is entitled. The defendant health authority has agreed to make an initial interim payment of £250,000 towards the considerable expense already incurred in providing David with the care he requires. It is likely that the final settlement will be substantial, running into a few million pounds, and will probably be by way of a lump sum and annual periodical payments to meet his ongoing support and therapy needs.

David has been represented in the litigation by his parents, with his mother acting as his Litigation Friend. Following the settlement, his parents said: "We are relieved that the liability aspect of the case has concluded and that once he receives his final settlement award, David will be able to fund the support and care that he will need for the rest of his life to maximise his independence. However, no amount of money will make up for the impact of his injuries on him and on our family.”

Alison Johnson, an associate in the clinical negligence team at Penningtons Solicitors LLP, who advised on David’s claim, said: "I am delighted with the liability settlement that has been achieved for David. His parents have worked tirelessly to prove that what happened at the hospital during his birth was not right and that his injuries should have been avoided. Their determination to do their best for him is admirable and I wish to pay tribute to them.”

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