Client of Irwin Mitchell LLP
Lotti was admitted to Russell Hall Hospital at around 7pm on 14 January, 2009. Just after 1am the following morning monitoring of Josiah’s heart rate on a cardiotocography (CTG) machine started and subsequently recorded five occasions of a slowing heart rate. There was also some meconium present (the baby’s first stool) which can be a sign of distress in the baby.
However, the midwifery staff did not escalate Josiah’s condition for a senior review and at 2.40am the decision was taken to turn off the CTG machine despite the concerns with the CTG and signs of meconium.
The machine was switched back on one hour and 40 minutes later at 4.20am and concerns were raised about Josiah’s heart rate. He was delivered 15 minutes later. He was flat without any pulse on delivery and required resuscitation. However, a paediatrician had not been called. It took four minutes for one to arrive following delivery and a further two minutes to resuscitate Josiah.
Based on independent expert evidence Irwin Mitchell argued that CTG monitoring should have continued at 2.40am and his care escalated. Had the monitoring continued it would have shown signs of distress and Josiah would have been born within an hour, it said.
Even if he had been born five to ten minutes before he was, Josiah’s permanent brain injury would have been avoided, the family’s legal team said.
The Trust admitted that the care provided fell below the standard he was reasonably entitled to expect and that had Josiah received the appropriate standard of care he would have been born without brain injury.
Josiah is now home-schooled. He has private tutors and therapists involved in his home education and he is doing really well.