For Jack’s* family, the road to justice took nearly two decades. It began with a mistake in a set of maternity notes, passed through years of legal proceedings that were abandoned by another firm, and ended, finally, with a liability settlement against Lancashire Teaching Hospitals NHS Foundation Trust by our team. This is their story, and what it means for other families who have been told their case cannot succeed.
What is HIE?
Hypoxic ischaemic encephalopathy (HIE) is a form of brain injury caused by a lack of oxygen or blood flow to a baby’s brain around the time of birth. It can range in severity from mild to profound and, and is one of the leading causes of cerebral palsy and lifelong neurodisability in children.
In many cases, HIE is preventable. When warning signs go unrecognised, or when the decision to deliver is delayed, the consequences can be irreversible.
For a full explanation of the condition, and what a diagnosis means for your child, see our guide: Understanding Hypoxic Ischaemic Encephalopathy (HIE): A Guide for Parents.
Jack's Story
Jack was born by emergency caesarean section on 3 March 2006. Instead of this being a joyful occasion, his parents immediately knew that something had gone seriously wrong. The consequences of that day have shaped their lives ever since.
This was Jack’s mother’s first pregnancy. At booking, her expected due date was calculated as 24th February 2006. However, a later dating scan moved her due date to 18th February — meaning she was actually six days further along in her pregnancy than first thought.
Crucially, this revised due date was never updated in her maternity notes. None of the midwives or doctors involved in her care picked up the error.
The mistake had serious consequences. When doctors were advising Jack’s mother about whether her baby should be delivered earlier due to high blood pressure, they were working from the wrong dates. They believed she was less advanced in her pregnancy than she really was. That belief shaped every clinical decision that followed.
Proper advice should have included a recommendation for earlier induction or, at the very least, giving Jack’s mother the choice to have her baby delivered sooner. Instead, despite her high blood pressure and advanced gestation, the pregnancy was allowed to continue.
The Day of Jack's Birth
On 3rd March 2006, Jack’s mother was admitted to hospital due to concerns about her baby’s heart rate. Because of the dating error, she was unknowingly 41 weeks and 6 days pregnant. Despite ongoing concerns about the baby’s heart rate, it was over two hours before Jack was delivered by emergency caesarean section.
By the time he was born, Jack was in a critical condition. He required resuscitation and intensive care, and soon began suffering seizures. Subsequent scans confirmed that he had suffered a serious brain injury caused by a lack of oxygen around the time of birth.
Now 20-years-old, Jack lives with severe cerebral palsy affecting all four limbs, requiring lifelong care and support.
What Jack's Case Tells Us About Maternity Record Errors
The clinical failure at the heart of this case was not a dramatic surgical error or a missed emergency. It was a clerical mistake that went unchecked by every member of the clinical team involved in Jack’s mother’s care.
Due date errors of this kind matter because gestational age drives significant decisions in obstetric care, including:
- When to induce.
- When to escalate monitoring.
- When high blood pressure becomes a reason for urgent delivery rather than watchful waiting.
A clinician who believes a patient is 40 weeks pregnant will make different decisions from one who knows she is 41 weeks and 6 days. In Jack’s case, that difference of six days was enough to change the advice given, delay the delivery, and cause a devastating outcome.
This is a form of negligence that is easy to overlook and harder to identify without detailed scrutiny of the full maternity record. It is also one of the reasons why a thorough, specialist review of the notes — by a team with specific experience in birth injury claims — can uncover failures that a less focused investigation might miss entirely.
Seeking a Second Opinion
Jack’s parents always believed that mistakes had been made and that more could have been done to protect their son. Initially, they instructed another firm of solicitors. However, after years of investigation, the case was dropped and the family was told it could not succeed.
Years later, they approached our specialist birth injury team for a second opinion.
We carried out a detailed review of the medical records and quickly identified that key questions had never been fully examined. We reopened the investigation and undertook a thorough reanalysis of the case, drawing on expert evidence from an obstetrician, midwife, obstetric anaesthetist, histopathologist, neonatologist, neuroradiologist, and paediatric neurologist.
The result was a negotiated settlement of liability on a 100% basis less £250,000 off the eventual lump sum, reached just six weeks before trial.
The Impact of the Settlement on Jack’s Future
A liability settlement is not the end of the process. Rather, it is the point at which the real work of securing Jack’s future can begin.
Following the agreement, we secured a substantial interim payment of compensation, allowing Jack’s family to start putting in place the care and therapy he needs, and to move into a more suitable property. We are now working closely with the family to determine the full value of the compensation required to meet Jack’s complex needs for the rest of his life, covering care, therapies, specialist equipment, housing adaptations, and loss of earnings.
Charlotte Moore, Maternity and Birth Injury Solicitor at CL Medilaw, says:
“This case is a testament to the determination, persistence, and strength of Jack’s parents. They trusted us to reopen the investigation as a specialist birth injury team with the experience needed to take the case forward. I am pleased for Jack and his family, who have fought for him for the last 20 years. They can now plan and move forward with their lives with financial security.”
Jack’s family says:
“We are so pleased with the successful outcome of Jack’s case and can’t thank Charlotte and her team enough for all their hard work, so that we no longer have to worry about his future.”
FAQs About HIE Compensation Claims
Q: Can I make an HIE claim if another solicitor has already dropped my case? Yes, a previous firm discontinuing a case does not prevent you from seeking a second opinion. An earlier decision to abandon a claim can reflect the limitations of a generalist approach rather than the merits of the case itself. Time limits still apply, so seek specialist advice promptly.
Q: Is there a time limit for making an HIE claim on behalf of my child? For claims brought on behalf of a child, the three-year limitation period does not begin until their 18th birthday, meaning a claim can be brought any time before they turn 21. Acting earlier is strongly advisable — evidence is better preserved, and an interim payment can only be secured once proceedings are underway.
Q: What does a 100% liability settlement mean? It means the defendant has accepted full responsibility for the negligence that caused the injury. Quantifying the compensation, particularly where lifelong care is required, is a separate process that follows.
Q: What compensation is available for a child with HIE and cerebral palsy? Compensation covers general damages (pain, suffering, loss of amenity) and special damages (lifetime care, therapies, equipment, housing adaptations, lost earnings). In severe cases, settlements can be at least seven-figures. Interim payments are often available before final settlement is reached.
Q: How long do HIE claims take to settle? HIE claims involving severe injuries are among the most complex in clinical negligence. NHS Resolution data shows the average time to resolve a clinical negligence claim is around three to four years, but cases involving lifelong disability often take longer, as final valuation may depend on the child’s development.
Get the Outcome You Deserve Today
If your child was diagnosed with HIE or cerebral palsy following birth, and you have questions about whether negligence played a part, CL Medilaw’s dedicated birth injury team is here to help.
Our solicitors hold accreditations from the Law Society, APIL, AvMA, Headway, and the Brain Injury Group, and we sit on the legal panels of Peeps HIE and Bliss. We work closely with birth injury charities because we understand that the support families need often goes far beyond the legal process alone.
If you would like a free, confidential case review or second opinion, contact our team today for support.
