§ PUBLISHED JUDGMENT · 2019
Justyna Zeromska-Smith v United Lincolnshire Hospitals NHS Trust
[2019] EWHC 980 (QB)·High Court (Queen's Bench Division)·16 April 2019
The baby died in the womb before induction and the mother had to labour for 18 hours to deliver her stillborn daughter; the Trust admitted negligence. Martin Spencer J found she had a genuine, continuing psychiatric illness and awarded £271,901 in total.
Outcome
Claimant succeeded
Sum stated in judgment
£271,901
Claim type
Stillbirth & Neonatal Death
Decided
Damages assessed at trial
§ WHAT HAPPENED
The facts, in brief.
Defendant: United Lincolnshire Hospitals NHS Trust · this trust’s claims data
Injury: Stillbirth of the claimant's daughter at term plus 10 days in May 2013; mother developed pathological grief disorder and major depressive episodes with suicidal ideation
Specialty: Obstetrics · England
§ WHAT THE COURT SAID
In the judgment’s own words.
“In the light of the above findings, the award of damages is £271,901 comprised as follows:”
The money
Total award £271,901, comprising £35,000 general damages for psychiatric injury, £6,000 for loss of the satisfaction of bringing the pregnancy to a successful conclusion, interest, past losses of £96,619 and future losses of £132,613 ([137]). The claimant's schedule had sought about £2.17m and the Trust valued the claim at about £158k.
§ WHY IT MATTERS
What this case shows.
After a negligent stillbirth the main claim is usually the mother's psychiatric injury and its financial consequences, such as lost earnings and treatment. Awards can be substantial but the court scrutinises the recovery prognosis closely, and the parties' valuations here were very far apart.
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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