WHIPPS CROSS: Hospital blunder leads to £4.9m pay-out

6:17pm Thursday 8th May 2008

By Guardian-series

A MAN born disabled because of medical mishaps at Whipps Cross Hospital has today received a £4.9m pay-out.

David Hemingway, of Morsiton, Swansea, was born with severe spastic quadriplegic cerebral palsy and sight and hearing problems after his mum, Sandra, suffered a placental haemorrhgae shortly before his birth in 1983.

In December 2006, High Court judge Mr Justice Brian Langstaff ruled there had been a "breach of duty" by Whipps Cross staff which had led to Mr Hemingway's injuries.

He ruled that the North East London Strategic Health Authority should pay full compensation to 24-year-old Mr Hemingway.

And the case returned to the High Court as Mr Justice David Clarke approved a £4.9m compensation package, £1.875m will be paid up front and the rest being paid in annual instalments over Mr Hemingway's lifetime.

At the previous High Court hearing, Mr Hemingway's lawyers argued that his birth should have been brought forward before a crucial placental abruption occurred - a premature separation of the placenta from the uterus wall which caused the bleeding that led to David's injuries.

But, on November 25 1983, she complained of possible contractions, abdominal pain and bleeding, and that the baby had stopped moving. She was referred to the hospital by her GP.

Tests were done and she was discharged, but went back three days later for more tests, which highlighted the problem and the risk it posed to her baby.

Doctors ordered an immediate Caesarian section and David was born at about 7pm on November 29.

Mr Justice Langstaff ruled in 2006 the results of the tests and the symptoms of which she had complained should have led to a stay in hospital, further tests and, ultimately, the birth being brought forward to no later than 2.30pm on November 29.

Mr Langstaff said: "I find that, if reasonable care had been exercised, the clinical staff would have completed the tests, which would have shown to them that the foetus was at risk of a developing situation and they would have assessed that by no later than about 1pm.

"A Caesarian section would have followed and, taking into account it took one-and-a-half hours for assessment, preparation and delivery, I'm prepared to say that it would have followed by no later than 2.30pm."

The judge's ruling paved the way for David to pursue his compensation claim against the Health Authority, with a final settlement being reached after intensive negotiations.