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Posted on 13th November 2017

Birth Injuries Cause Significant Disability For Baby Boy

A baby boy has been awarded a compensation payment of £10.5million following complications whilst being born at a hospital in Swindon.

The boy who is now 17 years old was left severely disabled after being starved of oxygen during birth. There was a delay in performing a caesarean section which caused the birth injuries. The boy suffered brain damage and now requires 24 hour care.

The father of the boy started legal action which resulted in the case being heard in London’s High Court yesterday. Although the hospital in question has not admitted liability, they have agreed to settle the case for £10.5m.

The award to the victim included a £4.4m lump sum and £200,000 per year until his 19th birthday when the sum will rise to £230,000 per year.

Mr Justice Foskett, the judge who approved the settlement commented that the award will “go a long way” to providing the care needed to look after the 17 year old boy. The judge also commended the care given to the boy, by his father saying “May I just say, the care he has received has been quite astounding”


Emergency caesarean sections are required for a whole host of birth complications but a common cause of an emergency caesarean section being needed is the failure to monitor the baby’s heart rate during labour.

Negligence Claimline is often contacted by people wanting to make a claim for birth injuries where the baby’s heart rate was not monitored correctly.

Negligence Claimline understands that midwives are not usually trained in the use of heart monitoring equipment and whilst this lack of training continues, the instances of brain injured children will continue to be higher than they perhaps could be.

The levels of compensation awarded to brain injured children is significant and the government are looking to reform the way that compensation is awarded in order to reduce the burden to the NHS. Instead of spending large sums of money in reforming the law surrounding clinical negligence compensation, maybe that money should be used to look at providing better training for midwives.

If your child has a brain injury because of a delay in performing a caesarean section or other complications during labour, you may be entitles to make a compensation claim for medical negligence. Contact us on 0330 355 9210 or for a free claim assessment.