Liability Settlement Secured in High Court Wrongful Birth Case
Contact
Nicholas Leahy
Table of Contents
Supporting Ellie’s future: High Court settlement in wrongful birth case
Nicholas Leahy, Senior Associate in the Medical Negligence team at Osbornes, has secured a liability settlement following a wrongful birth case in the High Court, in addition to a large interim payment.
Wrongful birth claims are among the most sensitive and complex areas of medical negligence law. The case underscores the critical role of early diagnosis and patient communication in maternity care.
The background
On 28 April 2021 baby Ellie was born with Down’s Syndrome. Her condition means that she is likely to require life-long care. Ellie’s mother, Fiona, instructed Osbornes to pursue a claim in negligence.
Fiona was not referred for antenatal screening, despite attending regular antenatal appointments. In defence of the claim, the Defendant hospital alleged that Fiona was offered non-invasive pre-natal testing, which she declined. Fiona disputes that she was ever offered testing.
Legal proceedings and liability agreement
It was agreed between the parties that had non-invasive pre-natal testing been undertaken, a diagnosis of Trisomy 21 (Down’s Syndrome) would have been made. Fiona’s case was that she would then have chosen to terminate her pregnancy. The Defendant initially denied liability, and court proceedings were issued.
Following the exchange of factual and expert evidence, a liability settlement was agreed between the parties, with the Defendant agreeing to pay 65% of the overall valuation of the claim.
Understanding wrongful birth claims
Wrongful birth cases such as this one allow clients such as Fiona to claim for the financial costs of bringing up a disabled child which are over and above the normal costs associated with raising a healthy child. Fiona now wants the best for her daughter and to be able to support her for the rest of her life.
Investigations are now continuing so that the full value of the claim can be determined, and expert evidence will be needed from several disciplines. The claim is likely to be a multi-million pound claim given the complex needs which Ellie has.
How we can help
At Osbornes Law, our Medical Negligence team is dedicated to securing justice for individuals and families affected by clinical failings. With deep expertise, compassion, and a proven track record in complex cases like wrongful birth claims, we work tirelessly to ensure our clients receive the support and compensation they deserve. If you or a loved one has experienced medical negligence, our team is here to guide you every step of the way. Contact us by:
- Filling in our online enquiry form; or
- Calling us on 020 7485 8811
Share this article
“Osbornes Law is an established firm which handles a breadth of complex and high-value clinical negligence matters.”
“Osbornes handles a wide range of high-value and complex clinical negligence cases, with particular expertise in birth injury, delayed cancer diagnosis, spinal injury, and fatal claims.”
Contact us today
Call us 020 7485 8811
Email us Send us an email and we’ll get back to you
Osbornes Law offers experience in obstetric and fatal claims as well as niche cauda equina cases.
The team has particular expertise in cases stemming from delays in diagnosis as well as surgical injury and wrongful birth claims.
Osbornes Law is an established firm which handles a breadth of complex and high-value clinical negligence matters.
They are a very tight team. They're very friendly, helpful and obtain excellent results for clients.
A quality firm of solicitors with excellence at all levels of the team.
They know the law inside out and proactively work with counsel to drive cases forward. They are a go-to for complex claims.
Osbornes handles a wide range of high-value and complex clinical negligence cases, with particular expertise in birth injury, delayed cancer diagnosis, spinal injury, and fatal claims.
I am always happy to get instructions from Osbornes. They have excellent quality work, the team knows exactly what they are doing and are a real pleasure to work with. Excellent legal knowledge.
The team has excellent leadership and provide an above and beyond service for their clients.
A close knit team with excellent knowledge and technical acumen across the board.
You get a real sense that they care about clients and each other, working together to get the best results.
The team works very well together as they are genuinely kind and friendly people.
Osbornes are always professional and diligent in respect of their clients.
Osbornes has an excellent depth of experience across the team.
Across the board, they are all a pleasure to work with. They always keep a pragmatic head and all have an eye on the best outcome for the client.
Small but very effective and experienced team so every client benefits from the personal touch but also highly skilled litigation know-how. Capability of the team means they can handle all aspects of very complex cases as well as straightforward matters.
Osbornes has a skilled team of solicitors advising clients on a wide range of clinical negligence matters.
Hard working, approachable, good knowledge of clinical negligence and clients’ specific conditions
A joy to work with and always 100% client focused at all times.
The clinical negligence team at Osbornes is much lauded for its ability to ‘represent the diverse range of London-based clients
Stephanie has developed a particularly strong reputation for her handling of birth injury claims, as well as cases concerning surgical negligence and delays in surgery.
"An excellent firm which achieves fantastic outcomes for clients."
"Stephanie Prior takes on complex cases and gets excellent results. She has a background in medicine which serves her clients well and is a realistic but tough litigator."
"Stephanie Prior is hugely dedicated, adored by her clients, tenacious, efficient and extremely knowledgeable."
"Stephanie Prior is very good with troubled clients and is easily able to make them feel at ease."
"Stephanie shows sensitivity and deals with things in an understanding way."
Osbornes provides a very intimate and personal client service which is increasingly rare in this sector.
The lawyers in the team are highly experienced and will drive cases very hard on behalf of their clients.
"Stephanie Prior has a realistic attitude to the complexities of the cases. She wins the trust of her clients and goes the extra mile to ensure they get the best outcomes."
"Stephanie Prior... manages a varied caseload, including obstetric claims, child and adult brain injury cases and fatal and non-fatal spinal cord injury cases."
"Stephanie is experienced, knowledgeable of all aspects of clinical negligence work, and strategic in running cases."
"The team were extremely professional in putting my needs first. There was a joined-up approach to catering for the client, and all lawyers involved were briefed and constructive."
Stephanie Prior is always very professional and kind. Highly recommended.
Quite simply excellent, with a highly competent and well-rounded team. They understand complex medical litigation and have been our lifesavers, and we will always owe them our immense gratitude.
Related InsightsVIEW ALL
26.8.2025Scandal-Hit NHS Trust Pays Over Avoidable Stillbirth
Scandal-hit hospital at centre of national probe agrees five-figure payout over ‘avoidable’ failings that led to stillbirth of baby girl...
Read more
6.5.2025Six-Figure Settlement for Negligent C-Section Delivery
Osbornes secures a six-figure settlement following a negligent caesarean section delivery Jodi Newton, Partner and head of our Obstetric and...
Read more
14.10.2024Multi-Million Settlement in Cerebral Palsy Negligence Case
Judge awards multi-million settlement in cerebral palsy medical negligence claim Jodi Newton, Partner and specialist medical negligence lawyer at Osbornes...
Read more
28.6.2024£55,000 Settlement for Stillbirth Claim Against Chelsea and Westminster...
Successful Settlement for Stillbirth Claim Against Chelsea and Westminster Hospital NHS Foundation Trust Background Nick Leahy, an Associate in our...
Read more
5.1.2024Delayed Pre-Eclampsia Diagnosis Results in Loss of Baby
Introduction to the case Nick Leahy, Associate in our Clinical Negligence department, has recently settled a birth injury claim against...
Read more
23.11.2023Claim against Bradford Teaching Hospitals NHS Foundation Trust
High-risk pregnancy following previous miscarriage Osbornes acted for a Claimant, C, in her birth negligence claim against Bradford Teaching Hospitals...
Read more
7.3.20235-figure settlement for iron infusion claim
Successful claim following post c-section iron infusion Osbornes Law have reached another successful outcome for a Claimant, who pursued a...
Read more- 9.2.2023
Perineal tear claim settles for 6-figure sum
Successful claim for mother with third-degree perineal tear Osbornes Law recently settled a birth injury claim for a woman who...
Read more 
2.10.2022Tragic Case Involving a Home Water Birth
Introduction to the case Nicholas Leahy is acting for a young woman who had a water birth at home and...
Read more- 2.9.2022
Mother & Baby Suffer Life-changing Injuries
Claim after mother and baby suffered life-changing injuries during birth Jodi is acting for both mother and baby in a...
Read more - 23.5.2022
Uterine Rupture Claim Against King’s College Hospitals
Significant settlement in uterine rupture claim The birth injury solicitors at Osbornes Law recently secured a significant settlement for a...
Read more - 31.1.2022
Recent Brain Injury Client Stories
Osbornes Law specialises in helping families who have suffered a brain injury as a result of medical negligence. Our specialist...
Read more - 27.1.2022
Six-figure claim allows family to move home
Six-figure compensation payment for a client Jodi Newton has secured a six-figure compensation payment for her client with cerebral palsy....
Read more - 24.1.2022
Likely settlement of £15-20 million
A client who suffered cerebral palsy injuries at birth was awarded £200,000 as an interim payment in a claim against NHS...
Read more - 12.1.2022
Wrongful birth claim successfully settled
Background to the case Our client, J, fell pregnant in October 2015 and took the difficult decision to undergo a termination....
Read more 
2.1.2022Justice for Family Who Faced Loss of Newborn
Osbornes Law specialises in assisting families who have experienced birth injuries. We have represented families who have faced the loss...
Read more
2.10.2021Cerebral Palsy Compensation Supports Rehabilitation & Housing
Six-figure sum compensation for client with cerebral palsy Jodi achieved a six-figure sum compensation for her client with cerebral palsy....
Read more- 1.7.2021
Stillbirth following water birth at home
Nicholas Leahy acted for a young woman who had a water birth at home and two midwives were allocated to...
Read more 
18.5.2021Seven figure settlement for brain injury
Introduction to the case Our client, F sustained a brain injury leaving her with severely impaired mobility and wheelchair dependent....
Read more
18.5.2021Cerebral Palsy injuries suffered at birth likely settlement...
A client who suffered cerebral palsy injuries at birth was awarded over £375,000 as an interim payment in a claim against...
Read more- 18.5.2021
Failure to Diagnose & Treat Ogilvie’s Syndrome
Delayed diagnosis of Ogilvie’s syndrome after Caesarean birth Our client suffered the consequences of a delayed diagnosis of Ogilvie’...
Read more - 11.10.2019
Mum had stillborn baby after being sent home
Tragedy as Mum loses baby after being sent home twice A young mum has described the horror of losing her...
Read more
