§ PUBLISHED JUDGMENT · 2024

ERE v East Suffolk and North Essex NHS Foundation Trust

[2024] EWHC 2569 (KB)·High Court (King's Bench Division)·11 October 2024

A 23-year-old mother was discharged after giving birth in July 2015, developed breathlessness and palpitations, and suffered a cardiac arrest after being readmitted, leaving her with severe hypoxic brain damage. The claim settled on the day the quantum trial was due to start and the court approved the package for her as a protected party.

Outcome

Settlement approved

Sum stated in judgment

£3,850,000

Claim type

Maternal Birth Injury

Decided

Settlement approved by the court

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§ WHAT HAPPENED

The facts, in brief.

Defendant: East Suffolk and North Essex NHS Foundation Trust · this trust’s claims data

Injury: Cardiac arrest about two weeks after giving birth causing severe hypoxic brain damage, cognitive impairment and organic personality change

Specialty: Obstetrics / postnatal care · England

§ WHAT THE COURT SAID

In the judgment’s own words.

“Taking this all into account, I am satisfied that the proposed settlement is in the best interests of the Claimant, given the litigation risks and the fact that a number of significant issues relevant to quantum remained in dispute”

The money

Lump sum £3,850,000 (general damages, past losses and all future losses except care and case management) plus periodical payments of £86,544 pa to 2060, £157,500 pa 2061-2070 and £180,000 pa for life from 2071, indexed to ASHE 6115 ([10]-[11]).

§ WHY IT MATTERS

What this case shows.

Maternal claims are not limited to injuries during labour itself; a failure in care in the weeks after birth that causes brain injury can lead to a multi-million-pound settlement. Where the injured person lacks capacity, a judge must approve any settlement.

About maternal birth injury claims →

§ MORE MATERNAL BIRTH INJURY JUDGMENTS

Settlement approved£2.5M

CTQ v King's College Hospital NHS Foundation Trust

[2023] EWHC 2975 (KB)·2023·Settlement approved by the court

A 37-year-old mother suffered a cardiac arrest because intravenous fluids were not given during spinal anaesthesia just after her daughter's birth, leaving her with a brain injury; the hospital admitted liability. The court used its inherent jurisdiction to approve a settlement worth roughly £5.56m including periodical payments.

Anaesthetic errors around delivery can found a maternal negligence claim even when the baby is unharmed. Courts can approve settlements for adults with cognitive impairment even where they have not formally been found to lack capacity.

All maternal birth injury judgments →

Contains information licensed under the Open Justice - Licence v2.0. Judgments from Find Case Law, The National Archives. Summaries are ours; amounts only where printed in the judgment.

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