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.
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 Trust||Time to be resolved||Total damages||Defence costs||Claimant costs|
|Liverpool Women’s Hospital NHS Foundation Trust||16.09 years||£7,350,000||£127,895||£340,000|
|Southport and Ormskirk Hospital NHS Trust||10.21 years||£343,049||£75,998||£135,000|
|St Helens and Knowsley Hospitals NHS Trust||9.24 years||£2,750,000||£110,040||£192,250|
|Warrington and Halton Hospitals NHS Foundation Trust||13.99 years||£4,886,052||£97,513||£241,600|
|Wirral University Teaching Hospital NHS Foundation Trust||13.99 years||£3,560,900||£104,897||£455,000|
- Liverpool Women’s Hospital NHS Foundation TrustTime to be resolved – 16.09 years
Total damages – £7,350,000
Defence costs – £127,895
Claimant costs – £340,000
- Southport and Ormskirk Hospital NHS TrustTime to be resolved – 10.21 years
Total damages – £343,049
Defence costs – £75,998
Claimant costs – £135,000
- St Helens and Knowsley Hospitals NHS TrustTime to be resolved – 9.24 years
Total damages – £2,750,000
Defence costs – £110,040
Claimant costs – £192,250
- Warrington and Halton Hospitals NHS Foundation TrustTime to be resolved – 13.99 years
Total damages – £4,886,052
Defence costs – £97,513
Claimant costs – £241,600
- Wirral University Teaching Hospital NHS Foundation TrustTime to be resolved – 13.99 years
Total damages – £3,560,900
Defence costs – £104,897
Claimant costs – £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 firstname.lastname@example.org.
Source: Liverpool Echo