Jeremy Pendlebury Secures Hospital Payout for Birth Blunder
2 December 2009
As a consequence of a failure by the doctors and midwives to recognise and act upon fetal heart rate abnormalities during his mother's labour, Zakk Wilkinson was exposed to hypoxia in utero. There should have been an emergency Caesarean section and, if so, Zakk would have been delivered 2 hours earlier than he was. In consequence of his exposure to hypoxia, Zakk suffered an intra-ventricular haemorrhage ("IVH") and then a hydrocephalus, which required shunting. Breach of duty was admitted, as was the cause of the IVH and hydrocephalus. Surprisingly, Zakk did not suffer from cerebral palsy; but he did suffer from a very severe and debilitating social and communication disorder akin to autism, which has and will necessitate lifelong care and support. The issue between the parties was whether all or any of the brain insults (the hypoxia, the IVH and the hydrocephalus or a combination of them) was responsible for the social and communication disorder. In view of the divergence of expert opinion on this issue, the parties settled the claim at £1.425 million, which represented about 60% of the likely full value of the claim. The settlement was approved by Swift J, on the basis that the issue on causation was a complex and difficult one; and that there were real risks that Zakk might lose at trial on that issue; and that the £1.425 million would make a significant difference to the quality of Zakk's life by providing him with substantial care provision. The £1.425 million was divided into a lump sum of £505,427 together with periodical payments of £15,000 pa to age 19, £22,500 pa from age 19 to 21 and £35,000 pa from age 21 for life.
See BBC related news article here:
http://news.bbc.co.uk/1/hi/england/northamptonshire/8386734.stm