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Bucks woman sues hospital for birth injuries after 31 years |
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30 May 2008 |
A Beaconsfield woman is to sue a hospital for the injuries she received at her birth 31 years ago.
Samantha Fry was born at Wycombe general hospital in January 1997.
A Beaconsfield woman is to sue a hospital for the injuries she received at her birth 31 years ago.
Samantha Fry was born at Wycombe general hospital in January 1997. Her mother Kathleen began to feel unwell on new year's eve and was admitted to the hospital the following morning.
For several hours Mrs Fry's labour proceeded normally, but later in the morning it was clear that there were complications and the baby's heartbeat began to slow noticeably. Eventually Mrs Fry was taken to theatre and Samantha was born by caesarean section, two hours after the complications were first noticed.
She was in distress immediately after her birth and needed resuscitation. During her childhood she suffered a number of epileptic seizures and, as a result of injury to her brain during labour, she has cerebral palsy.
The claim made against the hospital is that doctors noticed that the fetus was in distress and should have delivered her earlier. It is estimated that Samantha's brain injuries would have been avoided had she been born even 15 minutes earlier.
Samantha's lawyer is clinical negligence specialist Sarah Coles of Kester Cunningham John. She explains why Samantha's case is only now coming before the courts.
'Whilst Samantha was born in 1977, it's been a difficult decision for her family as to whether to investigate a claim or not. Friends of the family suggested that something didn't sound right, and that maybe her birth should be looked into.
'Intensive investigations have inevitably taken several years because we needed medical experts to consider each issue at stake. But we have now issued proceedings against the hospital and the case has been transferred to the Royal Courts of Justice in London to consider the issue of liability first.
'Samantha has had to undergo a number of operations during her life, to try and counteract some of the physical damage she has suffered. She has never been able to walk and relies entirely on a wheelchair.
'Throughout her life she has been dependent on others for her everyday needs. But she is loved by her family and, in spite of all her difficulties, Samantha has remained naturally cheery and sociable.
'Now at last the family has an opportunity to bring this to a conclusion and provide for Samantha the resources needed to provide for her through the rest of her life.
'We will look at the issue of liability in the first instance, so expert reports will be exchanged and hopefully the hospital will admit fault. Then we can move on to valuing the claim and making sure Samantha receives all the help and care she requires for the rest of her life.
'If not, a trial will take place some time next year, with a judge deciding if the hospital was negligent.'
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