§ PUBLISHED JUDGMENT · 2006

Leggett v Norfolk, Suffolk & Cambridgshire Strategic Health Authority

[2006] EWHC 1238 (QB)·High Court (Queen's Bench Division)·26 May 2006

A baby born at 34 weeks developed severe jaundice; it was alleged doctors should have started an exchange transfusion sooner and that the laboratory should have phoned through a dangerously high bilirubin result. The judge found no breach in the doctors' decisions and, although the lab should have telephoned the result, concluded the damage could not have been prevented by then.

Outcome

Claim failed

Sum stated in judgment

Not stated

Claim type

Neonatal Injury

Decided

Liability decided at trial

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§ WHAT HAPPENED

The facts, in brief.

Defendant: Norfolk, Suffolk & Cambridgshire Strategic Health Authority

Injury: Kernicterus (bilirubin brain damage) in a premature baby causing dystonic cerebral palsy, profound deafness and epilepsy

Specialty: Neonatology · England

§ WHAT THE COURT SAID

In the judgment’s own words.

“nothing that Dr Crowle or any other doctor could have done after that time could have saved Alistair from his grievous disabilities.”

The money

Claim dismissed; no damages.

§ WHY IT MATTERS

What this case shows.

Neonatal jaundice claims depend on exactly when bilirubin reached a toxic level and whether earlier action could have prevented it. A proven communication failure still needs to be shown to have changed the outcome.

About neonatal injury claims →

§ MORE NEONATAL INJURY JUDGMENTS

Settlement approved£9.3M

MGS v University Hospitals Bristol and Weston NHS Foundation Trust

[2023] EWHC 1547 (KB)·2023·Settlement approved by the court

A low-birth-weight baby was not fed adequately overnight and his blood sugar was not checked early enough, causing hypoglycaemic brain damage; the Trust admitted liability in 2018. The court approved a £9.3m lump sum plus periodical payments and held the Trust also owed interest for accepting the offer late.

Negligence in the first days of a newborn's life, not just during labour, can produce some of the largest clinical negligence awards. If a defendant accepts a Part 36 offer late, interest for the delay can be claimed on top.

Claimant succeeded£1.84M

EPX (A Child) v Milton Keynes University Hospital NHS Trust

[2019] EWHC 1508 (QB)·2019·Appeal decision

A premature baby was sent home although a blood culture taken in hospital grew Group B strep; staff did not recall her and she developed meningitis with severe brain injury. The claim settled for a lump sum and annual payments; this reported judgment concerns a costs dispute, which the claimant lost.

Failing to act on a positive blood culture after discharge can lead to a multi-million-pound settlement. Note the published judgment is about costs, not the merits.

All neonatal 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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