Northern Ireland

Western Trust pays out nearly £21m to family of 13-year-old girl who suffered brain damage during birth

The family’s solicitor also criticised the Western Trust for waiting many years to admit full liability, resulting in added financial and emotional stress to the family.

Waits for some major surgeries have been slower to get back to pre-Covid levels, experts have said
It is thought to be one of Northern Ireland's largest ever medical negligence payouts. (Jeff Moore/PA)

ONE of Northern Ireland’s largest ever medical negligence cases has been settled, with the Western Trust agreeing to pay nearly £21m to the family of a 13-year-old girl.

The BBC reported that she suffered brain damage during an emergency caesarean section in an unidentified hospital, leaving her with cerebral palsy and relying on a wheelchair for the rest of her life.

According to the NHS, cerebral palsy is a group of lifelong conditions affecting movement and co-ordination, caused by a problem with the brain that develops before, during or soon after birth.

After complications during labour, the family sued the Western Trust and claimed doctors waited too long to carry out the caesarean section.

Wishing to remain anonymous, the girl’s father said in a statement that the case had been “long and emotionally draining”.

Their solicitor, Eoin Kearney, also criticised the trust for only admitting partial liability until the case was about to go to trial.

“As is unfortunately all too common in these types of cases, this did not include any acceptance that the negligence caused the child to suffer brain damage,” he said.

“The negligence arose out of a delay on the doctors’ part in moving to an emergency Caesarean section when serious complications arose during the labour.

“Those complications were the child’s heart rate dropping significantly and, at that stage, should have alert the doctors to the need to take evasive action which, unfortunately in this case, was delayed by around 15 minutes.

“The medical expert we engaged gave an opinion that had 15 minutes’ delay not taken place, this child would not have suffered any brain damage.”

He added that the long delay in getting the recognition of full liability meant the family have had to shoulder their daughter’s complex medical needs with limited financial support.

“Knowing the parents well as I do at this stage, I can say undoubtedly that the biggest moment for them was when the trust admitted full liability because that was a formal acknowledgement that their daughter had been wronged and that some justice had finally been achieved on her behalf.

In a statement, the Western Trust commented: “We are very sorry for the failings in the care provided to this family and respectfully acknowledge the settlement that was reached, which will provide lifetime care.”