An Illawarra family claims their daughter’s disability is the result of how her birth was handled by Wollongong Hospital. Photo: Sang Hyun Cho.
A botched birth at Wollongong Hospital has caused life-long disability for one little girl, her family says – but a judge wants more information before he decides whether they deserve compensation.
The girl, who will be referred to as G for privacy, was born in December 2013.
Her mother presented to the hospital after her waters broke. She was suffering from a fever at the time.
The mother was a small woman, only 155 cm tall, and baby G was a very large baby, in the 95th percentile.
Despite the size disparity, a caesarean section was not conducted.
Instead, the mother was given medication to stimulate contractions, however the medication caused overly frequent contractions.
Despite this the medication continued to be administered to the mother at the same dosage.
During labour babies rely on the umbilical cord to receive oxygen from their mother.
If the umbilical cord does not have the chance to recover from being squeezed during contractions, the baby will not receive enough oxygen.
The baby’s heart rate became very low and very high at different points during the 17-hour long labour. Eventually the decision was made to conduct a caesarean section.
When baby G was born her Apgar scores were all in the normal range, and she did not suffer any inflammation to her brain; however her umbilical cord was not tested to determine whether she had suffered a lack of oxygen due to the intense, medically-induced contractions.
After she turned one baby G suffered from a speech delay and did not meet some milestones. She was diagnosed with a global development delay.
The family sought $200,000 in compensation from the Illawarra Shoalhaven Health District.
A definite cause for her delay has not been established, however several experts gave evidence for the family that a lack of oxygen during birth was a likely culprit.
Other medical experts called by the defence argued that baby G’s delay could not have been caused by a lack of oxygen during birth, due to her normal Apgar scores and a lack of inflammation.
Judge Ian Harrison said, conflicting medical evidence aside, he did not have enough information about the amount sought in compensation to make a judgement.
Judge Harrison previously asked the family’s legal representation to provide the rationale for why the sum of $200,000 was sought, and whether that settlement would affect baby G’s ability to secure an adequate NDIS plan.
He said he had not received the necessary information.
“My expectation that I would be in a position finally to deal with the matter … was a triumph of hope over experience,” he said.
“I am not satisfied that I have sufficient information or that I have received adequate assistance to decide whether the proposed settlement is in the best interests of the plaintiff.
“In the circumstances I decline to approve it.
“In doing so I should not be taken to have decided that the proposed settlement sum may not turn out to be appropriate.”
He said he had not found against the family, however, and they were free to make another application for compensation in future.
