Cerebral Palsy Victim Awarded £2.7m After London Hospital Birth Errors

Cerebral Palsy victim's needs will be met due to compensation award

28.01.2008

A child who was born with brain damage had a £2.7million compensation award approved today at the Royal Courts of Justice.

Kieran Doyle who is now seven years old was born on the 20th November 2000 at the Hammersmith Hospital in Hammersmith, London. His mother Diane Doyle attended the hospital three days before the birth for a Cardiotochograph (CTG) as a prolonged slowing of the baby's heartbeat had been detected by the midwife at home.

Despite the fact that a deceleration of the baby’s heart rate was noted on the CTG Mrs Doyle was discharged and spent the next 48 hours at home in extreme pain and discomfort. By the time she was readmitted into hospital on the 19th November she was in such agony that she felt like she could no longer go on. Despite continued complications there was a further delay, later admitted by the hospital, in performing an emergency caesarean section; Kieran was finally delivered at 0352 on the 20th November.

Kieran was born with a brain injury leading to evolving cerebral palsy which has left him with both cognitive and physical problems.

Geeta Nayar from Irwin Mitchell solicitors and the lawyer representing Kieran Doyle said:

"This is a particularly tragic case in that we allege that the severe disability which Kieran now suffers from could have been avoided if the correct procedures had been in place. There were a number of areas in which we believe there was a breach of duty by the midwife and junior doctor assigned to Mrs Doyle. These include not ensuring a further CTG took place after an initial scan showed abnormalities. It is our contention that had Kieran been born earlier he would have been spared the brain damage he subsequently sustained"

"Thankfully the majority of children are born healthy and happy. Litigation of this kind ensures that Kieran’s needs will be met for the remainder of his life and that funds will be available for on going professional care, suitable accommodation, aids and equipment, occupational therapy and future special educational needs and that incidents such as this are fully investigated and ultimately eradicated."

Kieran's mother Diane Doyle said "we are glad the money awarded to our son will make sure his future needs are met and are grateful to Irwin Mitchell for their tenacity and guidance. The money awarded by the Court will buy us the peace of mind knowing that Kieran’s future care needs will be met. We cannot under-estimate the impact early therapeutic rehabilitation has had to help Kieran, together with the love and support from his sister, Shannen. We accept that the NHS needs to improve standards in maternity care and hope that lessons have been learned."