Ireland v Secretary of State for Health (Sued As South Tyneside NHS Foundation Trust) [2016] EWHC 194 (QB) (11 February 2016)

C suffers from cerebral palsy caused by hypoxic ischemia for between 5 to 10 minute period immediately delivery.

M was known to have a breech presentation. On 6 August 1992 M went into labour. She was admitted at 05.30; at 05.40 she was assessed: 6 cm dilated footling breech. Caesarean section arranged. However, persistent bradycardia (70 bpm) before 06.10. At 06.20 fully dilated and pushing. Assisted breech delivery completed at 06.40, the cord wrapped round the neck three times. The period of bradycardia was 40 minutes.

This was a complex case concerning issues breach of duty and causation, with detailed analysis of expert evidence; there were some factual uncertainties.

There were 3 groups of allegations;

should M have been offered external cephalic version?

should M have been induced prior to 6 August 1992?

was the actual delivery negligent?

Claim dismissed.