Gareth's* parents instructed their solicitor shortly after his birth. During his mother's pregnancy, she attended a routine anomaly scan. The scan was reported as normal and the pregnancy continued until Gareth's birth. Immediately after birth the paediatricians noticed Gareth had spina bifida, which had not been diagnosed ante-natally.
Gareth was immediately transferred to a specialist hospital where surgery for closure of the myelomeningocele was carried out. In spite of the surgery, Gareth continued to suffer from paraplegia, incontinence of urine and faeces, as well as hydrocephalus.
We alleged the midwifery and ultrasonography teams had been negligent in failing to identify the condition in the ante-natal scans. Shortly after proceedings were issued, liability was admitted. An interim payment was obtained to assist the family and reports obtained from experts in care, occupational therapy, physiotherapy, assistive technology, accommodation, educational psychology and employment. Within a further 18 months we had reached a settlement on quantum and the case did not proceed to trial.
We were delighted to see that following settlement of his claim, Gareth won a Blue Peter competition, and took part in the closing ceremony of the Paralympic Games.
*Name and images have been changed on the request of the individuals.