Settlement In Neonatal Death Case
Nicholas LeahyTable of Contents
Settlement in fatal medical negligence case against King’s College Hospital
Nick Leahy, Associate in our Clinical Negligence department, recently settled a fatal medical negligence claim against King’s College Hospital NHS Foundation Trust, following the tragic death of his client’s baby boy at just 9 days of age. Our client’s baby, Patryk Bielaszka, was born at the Princess Royal Hospital and suffered hypoxic-ischaemic encephalopathy secondary to an antepartum haemorrhage, from which he was unable to recover. There was a failure in the antenatal period to diagnose vasa praevia, a condition in which fetal blood vessels cross or run near the internal opening of the uterus, and which means they are at risk of rupture when the supporting membranes rupture.
Failure to Diagnose
Our client had booked in for her pregnancy on 15 April 2019, and was placed on a low risk antenatal pathway. She had a previous history of gestational diabetes and following a OGTT at 28 weeks of this pregnancy, she was diagnosed with gestational diabetes again and referred to the specialist diabetic team. She was placed on oral metformin.
During an ultrasound scan on 6 August 2019 a low lying placenta was diagnosed and Mrs Bielaszka was then reviewed by an obstetrician in the ANC. A plan was made to review her further following an ultrasound scan at 31+5 weeks.
At 27+6 weeks, Mrs Bielaszka travelled to Poland and she had an ultrasound scan whilst there, on 12 August 2019. This ultrasound scan showed a low-lying placenta and noted the presence of a vein across the cervix. She was informed by the Polish doctor that this meant she would need to deliver by caesarean section or her baby would not survive.
Mrs Bielaszka reports that on her return to the UK, she informed her treating doctors and midwives about the results of the Polish scan, but that she was told no further monitoring was required. She pleaded for a caesarean section but her concerns and wishes were not acknowledged.
On 12 September 2019 at 32 weeks, Mrs Bielaszka was seen in the community ANC and it was noted that the ultrasound scan which she had attended at 31+5 weeks (6 September 2019) had shown that the placenta had moved and was no longer low lying. She was told her birth plan would depend on the location of her placenta. Eventually, a plan was made for Mrs Bielaszka to have an induction of labour at 38+1 weeks, and she accepted this. She was therefore booked in to attend on 23 October 2019.
Mrs Bielaszka was admitted for induction of labour on 23 October 2019, as planned. The induction of labour process was commenced, however at 19:00 that evening Mrs Bielaszka reports that she had informed the staff that she was feeling very unwell and that she had felt a push in her abdomen. She said it felt as if her baby was pushing down and that the pain felt different to normal.
After this, Mrs Bielaszka continued to have contractions, which were painful. We are instructed that Mrs Bielaszka tried to again inform the staff at this point that the pain she was experiencing was more in her abdomen and was different to normal labour pains. She feels that the staff did not really understand what she was saying and that they were dismissive of her concerns.
At 02:18 on 24 October 2019, Mrs Bielaszka pressed the buzzer by her bed and reported that her waters had broken. It was noted that clear liquor was seen draining. Her baby’s heart rate was measured as 120bpm. She was given the call buzzer and told to press this again if she required any assistance.
Shortly before 08:04, Mrs Bielaszka and her husband noticed that she had vaginal bleeding. At 08:04, Mrs Bielaszka’s husband reported to the midwifery staff that she had experienced bleeding from her vagina. Mrs Bileaszka was attended to by midwifery staff following this report and they observed a large amount of fresh blood. It was documented as being approximately 300mls with a blood clot (a significant antepartum haemorrhage). The emergency buzzer was pressed to summon the obstetric team, who arrived promptly.
Following this, Patryk was delivered by emergency caesarean section. Following his delivery it was noted “it is documented in the medical records: “placenta delivered, placenta complete, velamentous and vasa praevia very clearly seen on placenta. Placenta sent for histology”. Patryk’s APGAR scored were recorded as 1 at 1 minute, 2 at 5 minutes and 5 at 10 minutes. The APGAR score at 20 minutes was 1.
At birth, Patryk was pale and floppy, with no respiratory effort, no spontaneous movement, and a heart rate of 60-100 bpm. Patryk was taken immediately to the resuscitaire where care was taken over by the neonatal team present in theatre.
Patryk was transferred to the local neonatal unit (LNU) for ongoing treatment including a blood transfusion, before being transferred to the regional NICU at King’s College Hospital in Denmark Hill, for specialist care and active cooling later that day.
Patryk remained at King’s College Hospital on the NICU over the course of the next few days and he was given an MRI scan of his brain at 7 days of age. This MRI scan reported “generalised signal change with patchy restricted diffusion which was consistent with generalised hypoxic ischaemic injury”.
Sadly, Patryk’s condition did not improve. He was reassessed after weaning off sedative medication and unfortunately, he showed no improvement in neurological function. At that point, the Children’s Palliative Care team (Evelina London Children’s Hospital) provided a symptom management plan to be used after redirection of care.
Following discussions with Mr and Mrs Bielaszka later that day, Patryk was extubated at 8 days of age. Patryk died at 05:05 hours on the morning of 2 November 2019 in the arms of his parents.
Inquest
An inquest was opened into Patryk’s death, however due to a combination of factors, including the COVID-19 pandemic and failure by the Trust to comply with orders which had been made by the Coroner, the inquest was delayed several times. The final inquest hearing took place in October 2023 over a period of 4 days. However, as the Trust failed to produce key witnesses at the inquest, including the doctors and midwives involved in our client’s care, Patryk’s parents informed the Coroner that they wished to play no further part in the inquest proceedings.
Civil Proceedings
Due to the ongoing delays with regards to the inquest proceedings, in March 2022 Mrs Bielaszka instructed Osbornes to send a Letter of Claim to the Trust at this stage. Nicholas Leahy, an Associate in the Clinical Negligence team, obtained expert evidence from a Consultant Obstetrician and Consultant Sonographer, which were supportive of our client’s case. A Letter of Claim was then directed to the Trust.
However, again the Trust delayed and failed to respond in accordance with the Pre-Action Protocol. Eventually, solicitors were instructed on the Trust’s behalf. Our client agreed to a number of extensions of time, before the Trust eventually served their response on 15 May 2023.
The Trust admitted that in light of the findings of the routine fetal anomaly scan on 3 July 2019, it was a breach of duty for a trans vaginal scan not to have been arranged at 32 weeks. Further, the Trust admitted that had this happened, this would have identified a vasa praevia and thereafter an elective caesarean section would have been performed between 34 weeks and 36+6 weeks gestation. It is clear, and was admitted, that in such circumstances Patryk would have been born alive and healthy, and survived.
Following this admission, expert evidence on Condition and Prognosis was obtained from a Consultant Psychiatrist, in relation to the psychiatric injury Mrs Bielaszka had suffered as a result of the negligence. Once this evidence was served, advice on quantum was obtained from William Young, barrister at Outer Temple Chambers in London, and following receipt of his advice, settlement negotiations were commenced.
Settlement Agreed
A settlement was agreed in March 2024, which provided for general damages for pain, suffering and loss of amenity, past and future loss of earnings, past and future care, funeral expenses, a statutory bereavement award, past and future treatment.
Following the settlement, Mrs Bielaszka stated:
“Nick is a professional, he helped us greatly in our difficult case against the NHS, he is patient and very helpful. I highly recommend using Osbornes Law”.
Nicholas Leahy, Associate in our Clinical Negligence team, said:
“This is a truly tragic case that has understandably devastated the lives of my clients”.
Patryk’s parents were ignored by doctors, despite them having independent medical advice which showed Barbara’s pregnancy was at risk. Patryk’s death was completely avoidable, yet my clients feel that their poor English is being blamed for leading to what happened in this case.
Sadly, I have acted in other cases in which parents’ limited command of English has led them to feel like their concerns are being ignored. My clients have understandably lost complete trust in the NHS as a result of these events”.
The case received media coverage, which can be found here:
- ‘Our baby died because doctors wouldn’t listen’: Distraught mother sues NHS hospital over baby death | Daily Mail Online
- Mum’s fury as key witnesses miss inquest of baby who died after C-section refused – Mirror Online
- Newborn baby dies in mum’s arms after doctors ignored pleas for emergency c-section – Daily Record
- Parents of newborn baby who died in hospital say they pleaded with doctors for C-Section – Mirror Online
Contact Osbornes Law
If you’ve suffered due to a medical procedure, our Medical Negligence solicitors are here to support you. Contact Osbornes Law by filling out the form below or calling 020 7485 8811 to speak to us about a birth injury claim or fatal negligence claim.
Share this article
Contact
Contact us today
For a free initial conversation call 020 7485 8811
Email us Send us an email and we’ll get back to you
Related InsightsVIEW ALL
- 14.10.2024
Multi-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 - 8.4.2024
Epilepsy Negligence Compensation Claim
Nicholas Leahy, an Associate in the Clinical Negligence team at Osbornes Law, has recently settled a long-running fatal medical negligence...
Read more - 5.1.2024
Delayed Pre-Eclampsia Diagnosis Resulting in Tragic Baby Loss
Introduction to the Case Nick Leahy, Associate in our Clinical Negligence department, has recently settled a birth injury claim against...
Read more - 23.11.2023
Claim against Bradford Teaching Hospitals NHS Foundation Trust
Osbornes acted for a Claimant, C, in her birth negligence claim against Bradford Teaching Hospitals NHS Foundation Trust for negligent...
Read more - 1.8.2023
Compensation Claim for Fatal Bowel Injury
Jodi Newton, a Partner in the Clinical Negligence Department at Osbornes Law, has recently settled a long running fatal medical...
Read more - 7.3.2023
5-figure settlement for infusion leak to mother
Elline Demetriou has reached another successful outcome for a Claimant, who pursued a post C-section birth injury to mother claim...
Read more - 9.2.2023
Perineal Tear case settles for 6-figure sum
Stephanie Prior recently settled a claim relating to a woman who delivered her baby after a traumatic labour. Her son...
Read more - 13.1.2023
Delayed diagnosis of appendiceal cancer
The medical negligence team at Osbornes Law has recently settled a case involving a patient who passed away following a...
Read more - 2.10.2022
Tragic 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 - 1.8.2022
Bereavement Following Treatment at Basildon Maternity Unit
Case Overview Stephanie Prior’s death by medical negligence claim relating to the death of Gabriela Pintilie has been settled...
Read more - 23.5.2022
Successful Claim Against King’s College Hospitals
The birth injury lawyers at Osbornes Law have recently negotiated the settlement of a case in which our client sustained...
Read more - 2.2.2022
Lifelong Consequences for Newborn Baby
Osbornes Law specialises in assisting families who have experienced birth injuries. We have represented families who have faced the loss...
Read more - 31.1.2022
Recent fatal medical negligence cases
Osbornes Law specialises in helping families who have suffered a fatality due to inadequate medical care. Our specialist team is...
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 - 2.1.2022
Justice 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 - 2.10.2021
Cerebral 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 - 20.9.2021
Osbornes Law Represents Family in Fatal Medical Negligence...
Negligent Hospital Care Leads to Tragic Death Osbornes Law is representing the family of a former NHS employee who suffered...
Read more - 20.7.2021
Osbornes Successfully Settle Wrongful Birth Claim
Nicholas Leahy, clinical negligence lawyer at Osbornes Law has recently negotiated the successful settlement of a wrongful birth case. Our...
Read more - 8.7.2021
Failure to prescribe anti-coagulant medication proves fatal
Executor of the Estate of DS and another v James Paget University Hospitals NHS Foundation Trust The Clinical Negligence team...
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