healthmedicinet

Today Mr Justice MacKay approved a compensation package for Miss Ross valued
at about £5million.

On top of a £1.5m lump sum, the trust will pay £126,500-a-year, tax free and
index-linked, until Miss Ross is 18. Those payments will then increase to
£177,500-a-year to cover the costs of her care for the rest of her life.

After her mother went through a difficult labour in December 1998 there were
further problems when her head was delivered but her body became stuck for
about 10 minutes.

Due to the stresses placed upon her body she required resuscitation by a
specialist doctor when she was finally delivered.

But the doctor’s attendance was apparently delayed by security issues.

Miss Ross, now 14, of Marlow Wy, Bedford, was left with severe cognitive and
physical handicaps as well as a life expectancy cut short by the events
which surrounded her birth.

Martin Spencer QC, set out the details of Lucie’s case in papers before the
court, claiming staff should have realised something was wrong and called
for medical assistance earlier.

“Lucie has sustained gross cerebral injury as a result of acute, profound
asphyxia, occurring immediately before her birth and continuing thereafter
until terminated by effective resuscitation.

“The Trust (failed) to maintain the entry point to the maternity unit in
a suitable condition to allow free access to clinicians called to the unit
to attend an emergency, in that the entrance doors were defective and/or
inadequately maintained to allow such access,” the barrister alleged.

“Lucie was asphyxiated and flat on delivery and was resuscitated. The
paediatrician…recorded that he was delayed by the security doors into the
maternity unit.

“It is overwhelmingly likely that Lucie would have avoided the
devastating asphyxial injury which she suffered had reasonably competent
midwifery care and/or maintenance of the unit been provided”.

Had medical assistance been called earlier, and had the doctor not been
delayed by the security doors, Miss Ross would have escaped serious brain
injury, her intellect would have been preserved and she would have been able
to lead an independent life, it was claimed.

As it is, MIss Ross suffers severe four-limb cerebral palsy and is completely
dependent on others for all aspects of her care, 24 hours-a-day.

Outside court afterwards Mr Spencer said: “There was some delay in the
paediatrician getting into the ward because the door was locked. I think it
was the standard sort of maternity ward security door where you ring a
buzzer and somebody is supposed to let you in.

“This was 14 years ago, but when you get a paediatraician attending an
emergency and they can’t even get in because the door is locked it’s pretty
poor.”

Clare and David Ross, Miss Ross’s parents, said: “We are pleased with the
settlement but, having said that, we would much rather have not been in this
situation at all and have a healthy 14-year-old daughter, living life to the
full like any other teenager.

“What should have been the celebration of the birth of a beautiful
daughter turned into a long battle for compensation. Her life was ruined and
a family’s life turned upside down.

“The most important thing now is to give Lucie all the love in the world
and the best life she could wish for, and treasure what precious time we
have left with Lucie.”