‘Hussein’, 28

Hussein is unable to work for a living or live independently after he suffered catastrophic brain damage during his birth due to failures by maternity staff. Hussain has been diagnosed with cerebral palsy, and has very severe learning disabilities, as well as significant physical disabilities. His parents contacted JMW’s specialist cerebral palsy team, who took on his case and later negotiated compensation totalling £17 million to provide the lifelong care that Hussein requires. 

Problems with baby’s heart rate  

Hussein’s mother Anita had a normal pregnancy and her labour started when she was about a week overdue. Anita was admitted to hospital and a monitor was attached to her abdomen to track Hussain’s heart rate. 

A few hours later Anita was examined and found to be 6cm dilated and in established labour. As Anita’s labour progressed over the next couple of hours, Hussain’s heart rate at times rose to a level that was causing some concern among the midwives delivering him and they decided to call for a doctor. The doctor started Anita on a drip containing the medication Syntocinon to try and speed up Hussain’s delivery. 

Over the next few hours Hussein’s heart rate deteriorated further but he had still not been delivered. The dose of Syntocinon was reduced but no further action was taken to ensure he was born safely, such as taking Anita for a caesarean section. Anita’s labour was allowed to continue, despite the fact it was not progressing and there were signs of distress with Hussein’s heart rate.

Later that evening a sample of Hussein’s blood raised further concerns about his condition and Anita was taken for an emergency caesarean. Thick meconium was found to be present a sign of distress when present during birth. Hussein had to be resuscitated and was later diagnosed with severe brain damage and cerebral palsy. 

JMW’s investigation

Hussein’s parents felt something must have gone terribly wrong with his birth for him to have been completely healthy during pregnancy and to have suffered such appalling injuries. They were put in touch with our team at JMW specialising in cerebral palsy cases and we launched an investigation. 

By analysing Hussein’s and Anita’s medical records, and obtaining reports from leading independent medical experts, we found that there had been negligent errors by maternity staff. This included not turning off the Syntocinon drip when the heart rate monitor showed signs that Hussein was distressed and may not be getting enough oxygen. Our investigation also revealed that Anita should have been taken for a caesarean much sooner than she was and that if this had been done Hussein’s brain damage would have been avoided. 

Cerebral palsy compensation awarded

Nothing could ever make up for what Hussein has lost as a result of the hospital’s poor care but after winning Hussein’s case, JMW were at least able to negotiate significant compensation to cover the cost of the 24-hour care he requires.

The settlement of £17 million across Hussein’s lifetime will also enable his family to purchase a property suitable for his disabilities and provide him with financial security given he will be unable to ever be independent.