Compensation over babies death

Parents of a baby boy who died after a delayed caesarean at a Birmingham Hospital have been given a five-figure sum in compensation.

Kerry Burton and Nigel Walton lost their son Bailey after he was starved of oxygen during the C-Section at Heartlands in on September 30, 2008, and died two days later. His twin sister Rebecca survived.

The NHS Foundation Trust say they've now got a better teaching programme on delivering twins.

His parents, from Smiths Wood, Birmingham, had been trying for a baby for five years and had undergone IVF treatment after fertility problems meant they were unable to conceive naturally.

The death of their son, who suffered irreparable brain damage, prompted the hospital to launch a serious untoward incident inquiry.

Commenting on news that the NHS Foundation Trust had agreed an out-of-court settlement, medical negligence expert Guy Forster called for lessons to be learned by the hospital.

Mr Forster, from Irwin Mitchell Solicitors , who represented Miss Burton and Mr Walton, said: "During delivery, when a baby is in distress and is being starved of oxygen, every minute is critical.

Kerry & Bailey Burton 2


"It appears that the doctors quickly recognised both twins' heart rates were dangerously slow and Rebecca was delivered soon after, but there were then long delays before Bailey was born.

"To lose a much longed for baby after undergoing months of IVF treatment is bad enough, but to discover that there had been entirely preventable delays has been very difficult for Kerry and Nigel to cope with."

Mr Forster added that the couple's torment had been compounded by the Trust's failure to admit legal liability for Bailey's death in spite of its own highly critical internal investigation.

"Sadly, the tragedy has damaged their relationship as a couple and as a consequence they are no longer living together although they remain devoted parents to their twin daughter, Rebecca," he added.

In a statement, Miss Burton said it had been very difficult to move forward following the loss of Bailey, although his twin had helped her to remain positive.

Miss Burton explained: "She has thankfully overcome the initial problems following her difficult birth and she is a typical toddler who is full of life.

"However, it's heartbreaking to look at her and think that she will never grow up alongside the little brother she should have had.

"Although nothing will ever bring my baby back, it's important that the Trust learns lessons so that no other parents have to suffer as Nigel and I have."

A spokeswoman for the Trust said an investigation had been launched as soon as the hospital became aware of the "very sad" incident.

"As a result of this immediate action, recommendations and an action plan were developed to address issues identified," the spokeswoman said.

"This included a multidisciplinary teaching program for all clinical staff involved in the care and delivery of twins.

"We would like to again extend our deepest condolences to Miss Burton and Mr Walton."

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