We acted for our client and her partner (both of whom are aged 39) who were critical of the treatment which she received at Great Western Hospital during the pregnancy of one of their children. She is the carrier of a genetic condition which is always fatal to male infants. No screening was offered to our client and, as a consequence, they were unaware that their baby had this condition. Shortly after his birth in December 2006, the baby’s health deteriorated and he died a few days later.
As a consequence of the death of their baby son, both our client and her partner suffered psychiatric damage from witnessing his illness and worsening condition prior his death. In addition, our client was entitled to recover damages for the pain and suffering of having to give birth (the actual delivery). If she had been aware that she was carrying a child with this condition, she would have undergone an early termination of the pregnancy.
To their credit, the hospital acknowledged at an early stage in this case that the appropriate pre-natal tests had not been undertaken, but there was a dispute on quantum. Proceedings had to be issued and, shortly afterwards, we were able to settle their claims.
S. .J. Edney solicitors obtained the following compensation for these clients in 2009:
- The mother – £21,500
- Her partner – £10,000