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Claire Toogood successfully defends NHS Trust in cerebral palsy case before HHJ Gore KC

HHJ Gore KC (sitting as a Deputy High Court Judge) dismissed the Claimant’s claim for damages for cerebral palsy due to hypoxia at birth in an ex tempore judgment. It was alleged that the Claimant’s mother had requested an elective caesarean section as she was carrying twins and the request was refused by the Senior Registrar. The Defendant Trust accepted that if a request for an elective caesarean section had been made, it should have been agreed and the damaging period of bradycardia at birth would have been avoided. It was however denied that such a request was ever made.

The judge conducted a detailed analysis of the evidence and found that the Claimant’s witnesses were inconsistent and unreliable, whereas the Defendant’s clinicians were truthful and there were no reasons to consider that the contemporaneous notes were inaccurate or incorrect. The claim was therefore dismissed.

Claire Toogood was instructed by Kennedys on behalf of the Defendant and the Claimant was represented by Michael Mylonas KC.

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