SANDs awareness month is about raising awareness of Stillbirth And Neonatal Death (SANDs) raising awareness as well as understanding of lasting impact experienced by parents who lose their child during pregnancy, at birth or shortly afterwards.
As a specialist in claims involving birth injuries, I was recently instructed on a tragic case involving the death of the Claimant’s daughter, just 48 hours after birth.
After attending a growth scan, it was documented that baby was below the 10th centile and a further scan estimated the baby was on the 5th centile. The Claimant was advised that the baby needed to be delivered and a C-section alongside induction of labour (IOL) was discussed. During this conversation, it was noted that the IOL should be performed within 48 hours. However, it was booked for 7 days later.
At 38+1 weeks, the Claimant attending her IOL but began experiencing significant discomfort whilst contracting. As the birth progressed, there were frequent signs that the baby was in distress, but it was almost an hour before the decision was made to change to an instrumental delivery.
Sadly, the baby was delivered with the umbilical cord wrapped around her neck, twice. Resuscitation was performed and the baby was transferred to a neonatal unit, but her condition deteriorated and she passed away two days later.
The Claimant also experienced a post-partum haemorrhage and perineal trauma/tearing, alongside a diagnosis of clinical depression and PTSD. She has also been advised that she is at increased risk increased risk of preterm labour with future pregnancies.
A Health Services Safety Investigations Body (HSIB) investigation took place and found numerous failings that, on the balance of probabilities, could have changed the outcome. But they also concluded that the delayed IOL was not an impacting factor. However, due to experience, it was our understanding that delivery 3 days earlier would have likely altered the outcome and so we instructed a Consultant Obstetrician and Psychiatrist to advise in relation to the claim. Following this report, the Trust admitted that the IOL should have taken place earlier and that the baby would not have died had this occurred.
A claim was settled in two parts. On behalf of the estate of the deceased baby, a sum of £17,000 was received and on behalf of the Claimant, a sum of £95,000.
I know nothing can replace the loss of a baby and cases, such as this, aren’t about money. It’s about helping grieving families receive the support and advice they deserve during a heart-breaking time.