Seven-figure compensation for mother with perineal tear
Our birth injury to mother team helped a mother receive a seven-figure compensation after sustaining a perineal tear because of substandard care during labour.
What happened to Priya*?
*Not real name used
Priya was expecting her first child. After experiencing no issues during her pregnancy, she started having contractions a day after her due date.
She spoke to midwives at the NHS Trust responsible for her pregnancy and on their advice attended the Trust. While there, she was reassured and sent home.
Early the next morning, she returned to the hospital with continuing contractions. The labour was slow, so her membranes were artificially ruptured several hours later.
Priya was given synthetic oxytocin (Syntocinon) to augment labour. The labour continued to be slow, but she eventually became fully dilated. She was actively pushing, but after no progression and a review, she was recommended for a trial of instrumental delivery.
Despite requesting a caesarean section, Priya was advised that an attempt should be made for instrumental delivery first.
She was taken to theatre, and three pulls were tried with Neville Barnes forceps, but the baby still wasn’t delivered. Another medical professional took over and successfully delivered Priya’s baby.
The baby’s head was delivered at pace and in an uncontrolled manner. Because of this, Priya sustained a third-degree perineal tear, a severe tear to the area of skin between the vagina and the anus.
How has this impacted her life?
Priya can no longer defer defecation for more than one or two minutes. Sometimes she can for five minutes, but she is prone to leaking and often has stains on her underwear. She also passes wind involuntarily, and this happens regularly each day.
Priya can also only hold in urination for 10-15 minutes and leaks urine when she coughs and sneezes.
Her bowel function is likely to continue to deteriorate as she ages, and she might require a stoma later in life.
She also suffers from psychological symptoms in the form of anxiety, post-traumatic stress disorder and depression.
She’s had therapy but requires further treatment, in the form of trauma focused therapy and couple’s therapy. She’s expected to make a partial recovery but will remain vulnerable to future relapses.
Her career has been significantly affected by her injury and ongoing symptoms, and she has suffered and will continue to suffer significant loss of earnings.
How did Irwin Mitchell help Priya?
Priya came to our birth injury to mother team to claim compensation to help pay for her rehabilitation. Ania Bean, a Legal Director in our medical negligence team worked with Priya on her claim.
Our team examined Priya’s medical records during her pregnancy, labour, and delivery. They also instructed a team of independent medical experts to examine the care Priya received at hospital during the birth of her baby.
Our investigation showed that there were failures by the Trust that led to Priya’s perineal tear. In the Letter of Response, the Trust admitted:
- There was a failure to control the delivery of the head
- There was a failure to perform an episiotomy.
Priya’s claim was settled for a substantial seven-figure settlement. This money will help her focus on her recovery and moving forward with her life.
Expert comment
On the claim, Ania said:
“What happened to Priya was avoidable if the care provided was correct. Sadly, this wasn’t the case, and she has to live with the severe and life-changing consequences of her injury.
“This should have been the happiest time of her life, welcoming her baby into the family, but instead she had to, and continues to have to, deal with debilitating symptoms.
“The compensation will help her move forward and pay for the rehabilitation she needs to make the best recovery possible.”
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