Scandal-Hit NHS Trust Pays Over Avoidable Stillbirth

Nicholas Leahy

Scandal-hit hospital at centre of national probe agrees five-figure payout over ‘avoidable’ failings that led to stillbirth of baby girl

The parents of a baby who was stillborn at a scandal-hit hospital have been awarded a five-figure payout after the trust admitted that her death could have been avoided. Represented by our specialist medical negligence solicitor, Nicholas Leahy, the couple’s pursuit of justice has not only brought answers but also sparked national attention on systemic failings in NHS maternity services.

The background

Lucia and George Ford-Ferrari’s daughter Freya was one of nine babies who died between 2021 and 2023 at hospitals run by University Hospitals Sussex NHS Foundation Trust, which is to be scrutinised as part of a national investigation into failing maternity services.

The first-time mum was almost 39 weeks pregnant when she attended Princess Royal Hospital in West Sussex complaining of reduced fetal movements but was seen by midwives and sent home.

When she returned with the same concerns four days later, medics were unable to find her baby’s heartbeat.

Devastatingly, Lucia was forced to go through a harrowing 11-hour labour to deliver Freya who was stillborn at Royal Sussex County Hospital on 28 July 2023.

Despite two earlier growth scans at the same hospital recording that Freya was developing at a normal rate, she weighed just over 5lbs when she was born.

Admission of liability by the NHS Trust

An internal investigation by the trust later found ‘significant errors’ with measurements taken during ultrasound scans at 32 and 36 weeks which, if detected, would have meant Freya’s restricted growth would have been identified earlier.

The trust has now admitted that had Lucia been referred for review by an obstetrician when she attended Princess Royal Hospital on 21 July, Freya’s death, “on the balance of probabilities”, could have been avoided.

In a letter we received on behalf of the couple, the trust admitted that her care had fallen “below the required standard” and expressed that it was “truly sorry”.

A family’s voice

Lucia, a project manager who lives with husband George, a marketing consultant, in Brighton, says: “What haunted me for so long was the guilt. We didn’t know why it had happened and as the one who had carried her, I thought it must be something I had done.

“It was only months later, after the post-mortem, that we got a call from the consultant leading the serious incident process. She explained that Freya was smaller than what was recorded in the scans and that if they’d known that, they would have induced me earlier.

“I was given a pill to induce labour and then sent home, which I still feel was wrong. How can you send someone away with a dead baby inside them?

“I just remember going back and seeing the nursery all ready for Freya, but George and I were just in this awful limbo.

“I think about her all the time and even now I wonder, if I had pushed harder to see a doctor, whether things might have been different.”

George adds: “It was our first pregnancy and so we had to put our trust in the experts.

“I remember saying, when we first went in with reduced movements, that if they thought we should go home we would and that was their advice.”

Lucia fell pregnant again several months later with the couple’s second daughter, Alba, but they say they could not enjoy the experience.

“We didn’t buy anything new; we didn’t even give her a name. We were trying to stop ourselves from getting too attached,” George says.

“The first couple of months of her life were very hard too because as newborns they looked just the same and we felt like we were replacing Freya. It was grief and guilt combined.”

The couple say they had not considered pursuing legal action until a friend reminded them that, without people willing to hold the trust to account, the same thing could happen to another family.

They and the other eight families whose babies died during the same period also spent months lobbying politicians to take action, resulting in a recent meeting with government health secretary Wes Streeting. Shortly afterwards, a “rapid” national review into failing maternity services, including Sussex, was announced, the findings of which will be reported back by the end of this year.

Lucia adds: “Nothing will change the fact that we don’t have Freya, but I look at Alba and I think that she has a sister and one day she may even have children herself.

“I want to be able to tell her what happened and that something worthwhile came out of it; that in Freya’s memory we wanted to make changes and those changes were made.”

A word from Nick Leahy

Nicholas Leahy, our specialist medical negligence solicitor at Osbornes Law who represented the family in a civil action, says: “Sadly, we are all too familiar with failings in maternity care and the unimaginable consequences faced by families like Freya’s.

“It is testament to their strength and courage that they have not only sought to find answers for themselves but have chosen to share their story and campaign for change in a bid to stop the same thing happening to others.

“Maternity services are in crisis and a national review is long overdue, and I urge the government to keep its promise to treat this as a matter of urgency before any more innocent lives are needlessly lost.”

Watch the BBC News report featuring Nicholas Leahy

How can we help?

At Osbornes Law, we are committed to provide expert legal guidance and secure justice for families like Lucia and George. Our purpose is to help them being heard, supported, and empowered to drive meaningful change. If you or a loved one has experienced medical failings, our Medical Negligence team can offer you the legal expertise and human understanding needed to navigate even the most difficult journeys. Please contact us by:

• Filling in our online enquiry form; or
• Calling us on 020 7485 8811