ERE v East Suffolk and North Essex NHS Foundation Trust
[2024] EWHC 2569 (KB)·2024·Settlement approved by the court
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.
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.