Medical Negligence Lawyers Secure Settlement For Family

A mum is warning of the “devastating” dangers of a common birth infection in newborns following her son’s death.

Joshua Martin was diagnosed with group B Strep (GBS) infection three days after he was born at Lister Hospital in Stevenage. 

Joshua developed signs of group B Strep infection 

After Joshua was born, mum Louise Martin, of Hitchin, became concerned that Joshua had started grunting and was not interested in feeding – signs of GBS infection. 

Louise was unaware that there were also other risk factors for Joshua, including a concern she had an infection, which hospital trust guidelines stated would require Joshua to be given antibiotics. 

Following a review, the pair were sent home the day after Joshua was born. However, once home Louise, continued to be concerned her son was not feeding and had started grunting again. Louise called the hospital twice with her concerns, but the midwives told her there was nothing to worry about.

Baby Joshua readmitted to hospital and diagnosed with GBS meningitis

The following morning Joshua was re-admitted to Lister Hospital, aged two days. He started treatment for suspected sepsis – where the body attacks itself in response to an infection. The day after his re-admission Joshua was put on a ventilator and diagnosed with GBS meningitis. 

Joshua suffered severe brain damage. He spent around six weeks in hospital before being discharged to Keech Hospice and thereafter allowed home. Joshua continued to live with severe complications and died in his mother’s arms aged eight months. His death certificate said he died from respiratory failure as a result of a severe brain injury following GBS infection.

Mum Louise asks medical negligence lawyers for help

Louise instructed expert medical negligence lawyers at Irwin Mitchell to investigate their care under East and North Hertfordshire NHS Trust, which runs Lister Hospital.

The 39-year-old has spoken for the first time about her family’s heartbreak and joined her legal team in raising awareness of the signs of GBS infection. GBS is the most common cause of infection in newborns in Britain which can be passed to babies around birth. 

She is calling for mums to be routinely tested for group B Strep towards the end of their pregnancy so care plans can be adjusted if they carry group B Strep. 

Legal experts secure settlement in connection with Joshua's care

It comes after Irwin Mitchell secured her an undisclosed settlement from the Hospital Trust in connection with Joshua’s care. The Hospital Trust did not admit liability. 

However, a root cause analysis investigation report by the Trust found the management and communication of Louise’s Group B Strep carriage status was “inappropriate”.

Alexandra Highfield is the specialist medical negligence lawyer at Irwin Mitchell representing Louise.

Expert Opinion

“While usually harmless to the estimated one in four women who carry the bacterium, a small number of babies will fall seriously ill, or even die, when exposed to GBS bacteria around birth.

“However, a simple test can be conducted to highlight whether an expectant mum is a carrier of the bacteria, and her care plan can be adjusted to ensure intravenous antibiotics are provided throughout labour to prevent the baby developing an infection.

“Understandably Louise and the rest of her family remain devastated by Joshua’s death and the circumstances surrounding it.

“While nothing can make up for the pain they continue to endure, we’re pleased that we’ve at least been able to secure this settlement allowing them to put the legal case behind them.

“What happened to Joshua vividly highlights to dangers of GBS infection and the need for everyone to be aware of the signs and symptoms.” Alexandra Highfield

Group B Streptococcus - Joshua's story

Louise and her husband have two daughters aged 11 and seven. The couple also had a stillborn son in 2012 caused by a blood clot in his brain, resulting in Louise’s subsequent pregnancies being classed as high-risk.

Louise was induced and alone in hospital due to Covid restrictions, on the afternoon of New Year’s Eve 2020. That night she said she heard doctors discussing concerns about her condition and whether she needed antibiotics. 

Joshua was born just after 6am on New Year’s Day 2021. Following an initial feed, within a couple of hours of being born Louise was concerned that Joshua had started grunting, struggling with his body temperature, and not interested in feeding. 

The pair were allowed home on the afternoon of 2 January. However, once home Louise continued to be concerned. She called the hospital that night but said she was told there was nothing to be concerned about.

The following morning, Joshua, who had not woken up in the night for a feed and was floppy and cold, was taken back to hospital. 

On 4 January, 2021, Joshua was admitted to neonatal intensive care and diagnosed with GBS infection. Following his diagnosis Louise asked to be tested to see if she carried GBS, which came back positive, after initially being told it was negative.

Doctors believed Joshua may not survive but he was discharged from hospital in February 2021. 

Louise reveals heartbreak of losing Joshua as she campaigns to raise awareness of GBS

Louise said: “I wasn’t advised about GBS in any of my other pregnancies and the only thing I remember during my pregnancy with Joshua was a midwife asking at an antenatal appointment if I’d previously been diagnosed with GBS, which I hadn’t. 

“I didn’t know what GBS was at the time, so I didn’t think more of it. I’ve always been nervous during my pregnancies as a result of losing our first baby but my pregnancy with Joshua felt relatively straightforward. 

“However, something didn’t feel right in my labour, and I got the impression the doctors were slightly concerned. I heard them discussing antibiotics, but nothing came of it. 

“Shortly after Joshua was born, he began grunting and wasn’t feeding, I was worried. However, each time I tried to raise concerns I was told there was nothing to worry about. Even when we were sent home, I felt something wasn’t right. 

“To be finally told several days later that Joshua had GBS infection was hard to accept. It was such an emotional time seeing him so poorly while having questions as to why this has happened. 

“While he defied the odds to make it home, he continued to be severely affected by his injuries. He spent a lot of time at Keech Hospice, and without their care not only for Joshua but in supporting us as a family we would have found the situation unbearable. 

“Joshua was such a brave fighter, he encountered endless procedures and hospital stays. At the end of August 2021, he became very weak and when he eventually lost his fight at home surrounded by his family it was devastating for us all.

“The pain of losing Joshua is still as raw now as it was then, we loved him so much. We have lost our beautiful son, our daughters a brother who they adored, and grandparents have lost their only grandson. I believe that Joshua would still be here with us and experiencing a happy, healthy life if the GBS infection was diagnosed earlier. 

“It was only after researching more about it that I realised how common GBS is. It’s difficult to understand why more isn’t done to identify and prevent it causing infection. I had never heard of this common bacterium, despite having high risk pregnancies, across two counties.

“While it’s too late for Joshua I just hope that by speaking out I can help raise awareness around GBS. If needs be, mums should push to be tested. If I can help others by sharing what happened to our family then maybe Joshua’s death won’t have been totally in vain.

“I have recommended GBS private testing to many friends, some of whom have been diagnosed with GBS carriage and have gone on to receive antibiotics in labour and had healthy babies. We have raised money for Group B Strep Support and Keech Hospice in Joshua’s memory.”

Charity's mission to end group B Strep infection deaths

Jane Plumb MBE, chief executive of the charity, Group B Strep Support, added: “Understanding group B Strep and the availability of antenatal testing can make a life-changing difference. 

“Knowledge is power, and in the case of group B Strep, it is a vital tool that can prevent tragedies like the loss of Joshua. 

“We at Group B Strep Support are dedicated to raising awareness about the importance of education and the offer of testing for all expectant mothers. It is essential that parents and healthcare professionals are fully informed about the risks and the preventative measures available. 

“Our mission is to ensure that no other family has to endure the pain of losing a child to a preventable infection, and our hearts go out to the Martin family at this time.”

Find out more about Irwin Mitchell's expertise in supporting families affected by group B Strep at our dedicated group B Streptococcus section. Alternatively, to speak to an expert contact us or call 0370 1500 100.