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Merseyside’s Longest Running Birth Injury Cases

Following a freedom of information request under the Clinical Negligence Scheme for Trusts, the Liverpool Echo has revealed the longest running court battles for Merseyside parents after their children were left injured or disabled during child birth.

Long fight for justice

Last year (2015-2016) a total of £2.3 million was spent on defence and claimant costs alone by Liverpool Women’s Hospital NHS Foundation Trust. A further £9.4 million was paid out in damages.

The Clinical Negligence Scheme for Trusts deals with incidents that have occurred since April 1995. Since then, there have been a total of five cases that weren’t resolved for over 9 years.

The longest fight for justice went on for more than 16 years, and involved parents fighting for compensation from Liverpool Women’s Hospital. The family eventually received over £7 million.

Another case, this time against Southport and Ormskirk hospital trust continued for more than ten years. The case was settled for a sum of just over £340,000.

Brain injury

Specific details of cases were not revealed but such high-value maternity cases frequently involve instances of children who have suffered brain injuries.

Oxygen deprivation is one of the most common reasons for some of the most severe birth injuries and if a child suffers brain injury at birth, they will most likely require complex life-long care as well as accommodation needs and special equipment.

In a number of cases, the type of brain damage and indeed the cause are not fully apparent until the child is much older, again adding to the length of the process.

There are often complexities surrounding birth injury cases, resulting in fights for justice that can last for years. Typically, the NHS Litigation Authority will make provisional payments ensuring that the child’s immediate needs are met.

Longest running cases

Here are the five longest-running maternity negligence cases in Merseyside:

NHS TrustTime to be resolvedTotal damagesDefence costsClaimant costs
Liverpool Women’s Hospital NHS Foundation Trust16.09 years£7,350,000£127,895£340,000
Southport and Ormskirk Hospital NHS Trust10.21 years£343,049£75,998£135,000
St Helens and Knowsley Hospitals NHS Trust9.24 years£2,750,000£110,040£192,250
Warrington and Halton Hospitals NHS Foundation Trust13.99 years£4,886,052£97,513£241,600
Wirral University Teaching Hospital NHS Foundation Trust13.99 years£3,560,900£104,897£455,000

Birth Injury Claims – Expert Advice

Birth injury claims may involve any instance of medical negligence during pregnancy or childbirth. If you have been affected by a birth injury, you may be entitled to maximum personal injury compensation. Speak to our expert team of medical negligence solicitors today to discover how we could help you. Remember, we offer you a FREE no-obligation consultation. Call our team of experts today on 0800 888 6 888 or email

Source: Liverpool Echo

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