§ PUBLISHED JUDGMENT · 2018

Rajatheepan v Barking, Havering And Redbridge NHS Foundation Trust

[2018] EWHC 716 (QB)·High Court (Queen's Bench Division)·13 April 2018

A newborn baby was discharged after his mother, who spoke very little English, was given feeding advice she could not understand and without an interpreter, and the family's concerns about his crying were not acted on. He was found pale and lethargic the next day with dangerously low blood sugar that caused permanent brain injury.

Outcome

Claimant succeeded

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: Barking, Havering and Redbridge NHS Foundation Trust · this trust’s claims data

Injury: Catastrophic brain injury from low blood sugar, leaving cerebral palsy and severely impaired physical and cognitive function

Specialty: Midwifery and neonatal care · England

§ WHAT THE COURT SAID

In the judgment’s own words.

“Because of the language barrier, Mrs Rajatheepan had been unable to communicate her concerns to hospital staff and when those concerns were communicated on the parent's behalf by Mr Gunaratnam they were not acted upon.”
[2018] EWHC 716 (QB) at [108] · read the full judgment

The money

Liability and causation only; the judgment contains no figures. Judgment was entered for the claimant with damages to be assessed.

§ WHY IT MATTERS

What this case shows.

Discharge advice only counts if it is given in a way the parent can actually understand, using an interpreter where needed. Concerns raised by a family before discharge should be recorded and looked into rather than brushed aside with reassurance.

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.

Mixed outcome

Pearce v East and North Hertfordshire NHS Trust

[2020] EWHC 1504 (QB)·2020·Liability decided at trial

A baby born breech by caesarean should have had a hip ultrasound within six weeks, but the appointment was not arranged until nine weeks and, after rescheduling, the scan at 17 weeks showed hip dysplasia in both hips, needing surgery. The Trust admitted breach but, shortly before trial, sought to blame the mother's missed appointment; the judge refused the late amendment.

Babies born breech need a timely hip scan, and a trust's failure to arrange one within its own protocol was admitted as negligent. Defendants cannot raise new causation arguments on the eve of trial without good reason.

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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