9,900% increase in settlement offer for a mother who suffered PTSD following traumatic birth

Following an almost 7-year battle, Alex Brown and his team secured a large six figure settlement for a mother who suffered a traumatic birth following negligence by East Sussex Healthcare NHS Trust. A massive 9,900% increase from the Trusts opening offer of settlement.

The Case

The Claimant had been noted as having complex presentation when she had gone into labour and there was confusion whether the hospital she was in, had the capability of managing her and her child’s delivery. Had the Trust followed their own guidance they would have established that it was safe for the mother to give birth in the hospital and there was no need to transfer her to an alternate specialist hospital.

Unfortunately, the Claimant was put in an ambulance for transfer and had a traumatic birth with her baby born in poor condition in the back of the ambulance, with only a midwife in attendance.

There were significant concerns as to the baby’s health and prognosis and as a result, the Claimant suffered a severe post-traumatic stress reaction which had a significant impact upon her and her career and her ability to work having been highly ambitious before the negligence.

Despite the Trust admitting liability early, the sought to make a notional four figure settlement offer to try and dispose of the claim with proper consideration of the Claimant’s long-term prognosis.

18 months later the Defendant made multiple five figure offers, again without having obtained their own expert evidence and ignoring the Claimant’s expert evidence.

Matters proceeded later to a joint settlement meeting and again, the Defendant refused to provide their expert evidence in advance of such meeting despite having seen at this stage three reports from the Claimant’s psychiatry expert. This meeting failed with Defendant making their first six figure offers.

The Result

Finally, just 10 days before trial was due to commence, the parties convened for Mediation. At this meeting, the Trust sought to raise arguments such as because the Claimant had been doing exercise at various points over the last 6 years, she could not be as compromised as she said she was. Despite all this, the Defendant Trust finally made an acceptable offer to the Claimant which was accepted and was a remarkable increase of 9,900% from the Trusts opening offer of settlement 5 years earlier.

Alex Brown was assisted by Lyubov Nikolchova, Jasmine Cattigan and Samantha Brace. Counsel for the Claimant was Helen Pooley of Deka Chambers who retained robust advice for the Claimant throughout the case.

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