Our client Birdie’s life-changing medical negligence settlement after birth injury

Our clients Annie and Birdie’s birth trauma story of medical negligence unfortunately isn’t unique, but one we are honoured to have helped fight for justice. 

Alleged medical negligence during Annie’s antenatal care and labour led to her daughter Birdie suffering Hypoxic Ischemic Encephalopathy (HIE) at birth – a serious brain injury. Birdie’s HIE caused dystonic quadriplegic cerebral palsy and consequential global development delay.  

Our Medical Negligence team were privileged to represent Birdie and Annie and negotiate record-breaking damages to ensure Birdie’s life-long care.

Annie’s pregnancy misdiagnosis 

Annie and her husband Blair were excited to be pregnant for the first time. The young New Zealand couple had moved to the north-west coast of Western Australia for work. They were looking forward to growing their family in Australia while working hard and enjoying the coastal life. 

Medical negligence in Annie’s antenatal care 

As a first-time expectant Mum, Annie was keen to make sure she was giving her baby the best care. Living in Port Hedland, Annie went along to her local public health campus for her antenatal care. She had a routine first-trimester nuchal translucency ultrasound and pathology tests, followed by her recommended antenatal visits. 

It was from these very first screenings and visits that Annie’s medical care fell short of acceptable standards. There was a pregnancy misdiagnosis at this point, where successive screening results should have indicated Annie’s need for a higher level of medical care through her pregnancy. 

Instead, Annie was identified as requiring only low-risk midwifery-led care and not obstetric-led care. These failures in antenatal medical care started Annie on the path to Birdie’s birth trauma. There were more to come during labour. 

Medical negligence during Annie’s labour 

Annie went into labour on a Sunday morning. She telephoned the health campus to report her waters had broken. Annie and Blair went to the campus maternity unit after lunch on Sunday, as her uterine contractions were every 5 minutes.  

Because of the alleged medical negligence in Annie’s antenatal care, there were several missed opportunities to provide her with an acceptable standard of care during her labour.  

Had an ultrasound been performed early in Annie’s labour, Birdie’s footling breech fetal position pregnancy presentation would have been identified. Had it been identified, Annie’s subsequent management and birth outcome would likely have been significantly different. The information we obtained provided evidence to suggest that she would, at this early opportunity, have been given the option for her baby to be born by caesarean section (which she would have accepted). 

Annie’s prolapsed umbilical cord emergency 

Instead of an ultrasound being performed early on Sunday, which would have identified Birdie’s footling breach fetal position, Annie and Blair were sent home on Sunday evening. The plan was to labour at home and return on Monday morning. 

But Annie was admitted to the maternity unit with painful contractions just after midnight on Monday. An ultrasound was once again not undertaken, compounding Annie’s allegedly medically negligent antenatal care. 

Annie continued to labour and went for a shower. Blair noticed 10-15cm of umbilical cord hanging outside Annie’s vagina and called the midwives for assistance. 

What Blair had witnessed was a prolapsed umbilical cord. A cord prolapse is a medical emergency. 

Birdie’s birth trauma and birth injury 

Annie was urgently transferred to the operating theatre. An emergency caesarean (emergency c section) was performed under general anaesthetic. It was only then that Birdie’s footling breech fetal position pregnancy presentation was identified and where full neonatal resuscitation, including chest compressions were given to Birdie. 

After the traumatic emergency procedure, Birdie was transferred to the specialist children’s hospital in Perth and diagnosed with Hypoxic Ischemic Encephalopathy (HIE) and cerebral palsy.  

Birdie’s birth trauma outcome

An umbilical cord prolapse is a serious obstetric emergency. It occurs when the umbilical cord drops between the baby and into the vagina. When the prolapsed umbilical cord is exposed to the air, it causes its blood vessels to spasm, depriving the baby of critical blood supply and oxygen. 

Although Birdie was successfully delivered by emergency c section, the catastrophic damage was already done. The domino effect of the alleged medical negligence in Annie’s antenatal care and during labour led to Birdie’s:  

• Footling breech fetal position pregnancy misdiagnosis

• Cord prolapse 

• Diagnosis at birth of HIE and cerebral palsy

What appropriate medical care would have meant

It was clear by the expert evidence Shine obtained, that there were several missed opportunities during Annie’s antenatal care that would have identified her as high-risk pregnancy. An acknowledged high-risk pregnancy would have meant Annie was cared for by an obstetrician rather than midwives and would have led to additional antenatal screenings (such as third trimester ultrasounds and ultrasounds during labour).  

These alleged failures in antenatal care compounded during Annie’s labour. If Birdie’s fetal position had been identified early in Annie’s labour (on the Sunday), she would have been given the option for birth by (non-emergency) caesarean section. Annie would have accepted this option.  

Birth on Sunday by non-emergency c section would have significantly reduced the likelihood of a cord prolapse and Birdie’s catastrophic birth injuries. 

How Shine helped Birdie and Annie 

Birdie’s parents contacted Shine very soon after her birth. Her residual significant difficulties (including global development delay) couldn’t be properly diagnosed until she turned 4.  

But our Medical Negligence team stayed in touch with Annie, Blair and Birdie through those years. Checking in and helping them to find medical and allied health specialists to assess Birdie’s injuries and their impact on her life, throughout the process. 

Shine’s passionate and tenacious advocacy ensured that every occasion on which Annie’s medical care through pregnancy and labour fell below acceptable standards, was identified. 

Birdie’s birth injuries 

The synopsis of Birdie’s damages indicated she will be dependent on others for all aspects of her care, for her whole life. Because of her dystonic cerebral palsy and global development delay Birdie requires: 

• Life-long medical and personal care 

• Ongoing medical procedures and intervention 

• Life-long therapy and allied health care 

• Prescription medications and over-the-counter pharmacy products 

• Significant modifications to her home for Birdie’s accessibility and comfort, as well as because it’s a workplace for her essential healthcare workers 

• Modifications to Birdie’s family car so she can be safely transported around 

• Medical equipment and aids to manage her nursing care 

• Increased travel costs so Birdie’s nursing staff can accompany her on holidays 

Because of her injuries and resultant disabilities, Birdie has permanently lost the opportunity to be employed (and to contribute to superannuation) in the mainstream workforce. Her life expectancy is between 63 and 71 years of age. 

Birdie’s life-changing medical negligence settlement

Shine, led by Medical Law Practice Leader and Senior Associate Cassie Green, settled Birdie’s case prior to trial for a record amount of damages. In Annie’s words to Cassie:

Shine, Cassie and her team are proud to stand with Birdie and Annie. We’re immensely honoured that we could help Birdie and Annie access justice and record financial damages to help with the necessary care for Birdie’s significant, life-long injuries. 

Contact Shine 

If you, your baby, or your loved one has suffered a birth injury or birth trauma, get in touch with Shine, just as Annie did for Birdie. Our Medical Law team are ready to help you right wrong and fight for the financial damages you deserve.