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Recent Missed Diagnosis of Strep B Claims

The Clinical Negligence Team have recovered very substantial sums of compensation for clients in a number of medical negligence claims. Here are a selection of our most recent successful cases:

£9,300,000 compensation – failing to treat GBS infection in newborn baby

Kerstin Kubiak acted for a young boy recently in his claim for compensation claim for the brain injury he suffered as a result of medical negligence during and shortly after his birth. It was alleged that the Defendant (who was the NHS Trust responsible for the hospital in which he was born) failed to give antibiotics to our client following his birth in light of his mother having a high temperature during labour and having previously tested positive for Group B Streptococcus (GBS) infection, which was then passed on to our client during labour. As a result of this failing our client developed GBS meningitis and suffered a severe brain injury in his first week of life.  Had our client received antibiotics following his birth this would have prevented GBS meningitis and the brain injury he suffered.

Our client now has severe cerebral palsy affecting all four limbs, epilepsy, cognitive impairment and behavioural difficulties. He is and will remain dependent on others for the majority of daily living activities. He will be unable to obtain remunerative employment in adulthood and will also likely lack capacity to manage his own financial affairs in adulthood.

The Defendant admitted negligence in failing to give our client antibiotics following his birth and a settlement was agreed without a Court hearing, for a capitalised sum of compensation of £9.3 million. This included:

  • A lump sum of £3,250,000; and
  • Periodical payments for care of £86,000 per year to age 12, £120,000 per year from age 12 to age 19, and £208,000 per year from age 19 and for the rest of his life. These payments are index linked to keep pace with the costs of care year on year.

£150,000 awarded for failure to diagnose GBS during pregnancy

Simon Elliman, Solicitor and Head of the Clinical Negligence Team, recovered £150,000 for the mother of a child who contracted GBS during pregnancy, which was not diagnosed. The infection developed into meningitis which caused significant brain damage to the child. She was unable to sit by herself and had no useful movement in her left arm. She also suffered with epilepsy.

The hospital admitted that it was negligent in failing to act on test results taken shortly before the child was born when antibiotics would have been able to stop the GBS infection from spreading and therefore she would have avoided brain damage.

Sadly the child died during an epileptic seizure when she was 3 years old. The damages in this claim were to compensate for the pain and suffering endured by the child during her short life and for the mother’s bereavement and the care she provided to her child.

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