Parents Asks Medical Negligence Lawyers To Investigate Care At City Hospital

A baby girl died after a mum, who had gone past her due date, couldn’t be induced for 60 hours because of “a lack of hospital capacity”, an inquest heard. 

Chelsea Wootton has spoken for the first time about her devastating loss and how she believes she wasn’t listened to by medics at Birmingham’s City Hospital. After an inquest concluded delays in her maternity care contributed to baby Ava-Lea Humphries’ death and a Hospital Trust accepted liability in a legal case, the 31-year-old has joined her legal team at Irwin Mitchell in calling for lessons to be learned. 

First-time mum Chelsea not warned of dangers of going over 41 weeks pregnant 

Chelsea, of Pheasey Farm Park, Birmingham, underwent a sweep on 16 August, 2023, when 40 weeks and a day pregnant. The first-time mum, whose due date was 15 August, was given an advice leaflet. An induction of labour was planned for a further nine days’ time - 25 August when she was 41 weeks and three days pregnant. 

However, Chelsea wasn’t warned of the dangers of going over 41 weeks. 

On 24 August, 2023, the day before she was due to attend hospital, Chelsea believed she may be in labour and was admitted to Birmingham City Hospital. However, during her 60-hour admission, she could not be induced because of “a lack of hospital capacity,” Birmingham and Solihull Coroner’s Court was told.

She was sent home at around 4pm on 26 August and told to return to hospital the following midday. 

However, around two hours after being sent home Chelsea’s waters broke. She was re-admitted to City Hospital that evening.

She and Ava-Lea were classed as low risk for intermittent monitoring. 

Medics reject request for C-section with baby Ava-Lea showing signs of distress

In the early hours of 27 August traces of meconium – a baby’s first poo – which can be a sign of distress in a baby was detected. 

That morning Chelsea asked for a C-section but she said this was rejected because of other emergencies on the labour ward. At around 11.20am Ava-Lea’s heartrate was classed as suspicious. Baby’s heartrate continued to deteriorate, and Chelsea agreed to an assisted birth. 

Ava-Lea was delivered with the help of forceps at around 1.50pm. She had been starved of oxygen as a result of breathing in meconium. Ava-Lea, who had developed sepsis, had be resuscitated and was transferred to neo-natal intensive care.

A decision was made to put on her palliative care. Ava-Lea died aged 35 hours on 29 August. 

The inquest heard that a Healthcare Safety Investigation Branch investigation concluded there was an opportunity to review Chelsea earlier and speed up birth by caesarean section. An earlier birth would have likely made a difference to the outcome for Ava-Lea.

Chelsea and Adyn ask lawyers to investigate Birmingham City Hospital maternity care 

Following their daughter’s death, Chelsea, and her partner Adyn Humphries, aged 29, instructed expert medical negligence lawyers at Irwin Mitchell to investigate and help them access the specialist support they require to try and come to terms with their ordeal.   

They have now joined their legal team in calling for lessons to be learned. 

Inquest identifies care issues and Hospital Trust accepts liability in legal case 

It comes after an inquest concluded Ava-Lea died as a result of being starved of oxygen in the womb and breathing in meconium which were “contributed to by a delay in her delivery.”

In a separate legal case brought by Irwin Mitchell on the couple’s behalf, Sandwell and West Birmingham NHS Trust, which runs City Hospital, accepted liability for Ava-Lea’s death.

Family's lawyer calls for lessons to be learned  

Jessica Allan, the specialist medical negligence lawyer at Irwin Mitchell representing Chelsea and Adyn, said: “This is truly tragic case in which worrying failings in Chelsea’s and Ava-Lea’s maternity care have been identified. 

“While most babies remain healthy over their due date the longer past this a mum goes, the increased risk there is of developing complications. 

“We firmly believe that had Chelsea been appropriately advised about the risks associated with pregnancy beyond 41 weeks, she would have arranged to be induced before she reached that milestone and the sequence of devastating events that unfolded would have been avoided. 

“Sadly, this isn’t an isolated case and we too often see the catastrophic consequences families can be left to face because of pressures on maternity units nationally. Staff need to be supported so they can uphold the highest standards of care at all times.

“While it’s too late for Ava-Lea, we join Chelsea in calling for lessons to be learned to improve maternity safety for others. 

“We continue to support her and Adyn at this distressing time so they can access the specialist support they require to try and come to terms with their ordeal the best they can.”

Chelsea reveals impact City Hospital maternity care failings have had on family

Chelsea, a care home receptionist, said: “It’s almost impossible to find the words to describe what the last year has been like. When we found out we were expecting we were overjoyed and couldn’t wait to welcome Ava-Lea into our lives and start our family. 

“I wasn’t told about any risks of going overdue and even after my readmission to hospital, I was never given the impression there was anything to worry about. 

“Even though I was a first-time mum deep down I knew something wasn’t right. I kept trying to raise concerns and I asked for a caesarean but I felt I was being ignored. It was only when concerns were raised about Ava-Lea’s heartrate did it feel that our care was a priority. By then it was too late.

“Seeing Ava-Lea after she was born was awful. We can’t thank the neo-natal doctors and nurses for everything they did for Ave-Lea and make her as comfortable as she could be. 

“We’ll always cherish those precious few hours we got to spend with her but I’m not sure we’ll ever get over what happened. Instead of bringing her home and starting our new lives together we had to say goodbye and leave her in hospital.”

Chelsea and Adyn share their story to help improve maternity care for other families

Following Ava-Lea’s death Chelsea and Adyn, a welder and fabricator, have been supported by the charity Libby Mae's Little Angels which raises money for neo-natal units across the West Midlands. 

Chelsea said: “What should have been the happiest moment of our lives turned to total despair. When we lost Ava-Lea our lives changed forever. 

“We can’t thank enough those who have supported us following Ava-Lea’s death for everything they’ve done. Losing a baby is such as traumatic experience but people shouldn’t suffer alone as help and support available. 

“By sharing our story I hope I can help other families so they don’t have to go through what we have. Mums know their body and need to be listened to more. I’d urge any mums to push for their voice to be heard and if they need demand a second opinion.”

Find out more about Irwin Mitchell's expertise in supporting families affected by maternity care issues at our dedicated medical negligence section. Alternatively, to speak to an expert contact us or call 0370 1500 100.