£200,000 settlement for maternal birth injury case after mother suffered incontinence and depression

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Tees secured a £200,000 settlement for Beatrice*, who endured life-altering injuries after the birth of her first child.

Background of the case

Beatrice was admitted to the hospital to deliver her daughter, Alanna*. During labour, Beatrice received an epidural for pain relief. However, Alanna was positioned abnormally, causing her shoulders to become stuck during delivery. As a result, Beatrice required an episiotomy (a surgical incision to widen the vaginal opening) and forceps to assist with the birth. Alanna, weighing over 4kg, was delivered with the help of a Registrar who repaired the episiotomy.

Symptoms and medical complications

Soon after Alanna’s birth, Beatrice experienced several distressing symptoms, including:

  • Incontinence – Difficulty controlling bowel movements and passing wind.

  • Fistula – Passing stool through the vagina, caused by a tear in the wall of muscles between the vagina and anus.

  • Passive Soiling – Struggled with cleaning up after using the toilet.

Several months later, Beatrice was diagnosed with a third-degree tear to her perineum (the area between the vagina and anus) and a significant injury to her sphincter (the muscle controlling bowel movements). Despite physiotherapy and biofeedback therapy, Beatrice’s symptoms persisted, leading to profound distress and depression.

Impact on Beatrice’s life

The impact of her injuries was severe: she could not return to work full-time, and her marriage broke down due to the emotional and physical toll.

Legal representation and outcome

Janine Collier, an Executive Partner and expert in obstetric anal sphincter injury (OASIS) claims, represented Beatrice on a “No Win, No Fee” basis.

Tees successfully proved that Beatrice’s care was substandard. The third-degree tear should have been identified immediately after delivery, but it was missed by the Registrar. Additionally, a primary repair should have been performed post-delivery, which would likely have prevented Beatrice’s long-term symptoms. Beatrice argued that proper treatment would have spared her from ongoing issues with bowel control and depression.

While the hospital initially admitted liability, this admission was later retracted, and the case proceeded toward trial. Ultimately, the hospital agreed to a £200,000 settlement.

Financial security and future treatment

This compensation provides Beatrice with some financial security, enabling her to fund future treatment and support her as a single mother who is unable to work full-time.

Janine Collier commented, “While many women suffer tears during childbirth, these injuries should usually be detected and repaired immediately. If missed, the consequences can be life-changing, leading to incontinence and depression. Sadly, as in Beatrice’s case, marital relationships can also break down due to these challenges. I’m proud to help these mothers rebuild their lives.”

Client testimonial

Beatrice expressed her gratitude, saying, “I cannot thank you and your team enough for all your work and commitment. I feel overwhelmed, but in the best possible way.”

Birth injury claims: Tears during delivery

If you experienced a perineal tear during delivery that wasn’t identified or repaired, leading to ongoing complications, contact Janine Collier, an expert in Obstetric Anal Sphincter Injury cases. For initial advice, call Janine at 01223 702303 or email janine.collier@teeslaw.com.

Client names have been changed for privacy.

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