A family is set to receive up to £23 million in compensation after their baby was born severely disabled due to failings at a Nottingham hospital. This settlement, believed to be one of the largest in NHS history, was reached outside of court after a High Court judge determined negligence in the care provided to the mother during her 2004 delivery at City Hospital.
The now 20-year-old man requires constant care and was diagnosed with cerebral palsy after an obstetrician mistakenly assured his mother that everything was fine following a late-stage pregnancy scan. The mother expressed her frustration, stating she had to endure “years of denial” from Nottingham University Hospitals (NUH).
Currently, NUH is undergoing the largest maternity review in NHS history, examining nearly 2,000 cases of baby deaths and injuries. Between 2006 and 2023, the trust paid £101 million in maternity negligence claims, including legal fees.
Manjeet Shehmar, the trust’s medical director, expressed her “truly sorry” sentiments for the harm caused. The case revolved around the mother’s care at City Hospital after she raised concerns about a lack of fetal movement when she was 37 weeks pregnant.
It was alleged that an obstetrician gave her false reassurance during a scan, leading her to believe everything was normal. This left her feeling calm until she returned to the hospital four days later. Her son, who cannot be named for legal reasons, was born with a brain injury caused by chronic partial hypoxia, which is a reduction of oxygen to the brain.
The family’s solicitors criticized NUH for taking “too long” to admit their mistakes and reach a settlement. They noted that hospital officials denied the mother had raised any concerns and claimed the scan did not occur until after the judge’s ruling in 2021.
The family will receive an initial payment of £7.8 million from the NHS, along with annual payments expected to total £23.7 million over the man’s lifetime. In a statement through Hudgell Solicitors, the mother said, “It has taken us 12 years to reach this day. Now, we can plan for our son’s future with some certainty and security.”
She added, “We had to endure years of denials from the trust, a court trial where I was essentially accused of lying, and then a three-year wait for this final settlement. It’s disappointing that people do not admit mistakes when so much is at stake for a family, affecting our lives every day.”
The compensation will help fund a purpose-built home for the 20-year-old, equipped with dedicated living space for caregivers and specialized facilities. His mother stated, “Our son requires 24-hour care, which my husband, family members, and I have provided. However, we cannot do this forever, which makes this settlement so important.”
Chris Moore, joint national head of clinical negligence at Hudgell Solicitors, described the settlement as a “huge weight off the mind” for the family but criticized NUH and the NHS for the difficulties the family faced in reaching this point. “The lengthy process they endured was unnecessary. They waited too long for this outcome,” he said.
He emphasized that the family was prepared to go to the High Court for another trial because they had not reached an agreement on the final settlement amount. Fortunately, the defendants agreed to a reasonable settlement just outside the court.
Shehmar also offered her sincere apologies to the family. “I am truly sorry for the harm caused to the baby delivered in our maternity services in 2004. We fully accept the court’s findings from 2021 and are pleased that a settlement has been reached. We hope this helps provide the necessary support.”
Shehmar confirmed that NUH is committed to making improvements through its Maternity Improvement Programme, which is based on essential feedback from women and families. “We are listening and acting on their feedback to rebuild trust. While we know there is more to do, we are making progress through the hard work of our colleagues.”
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