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A boy who was left brain damaged at birth is celebrating after winning a personal injury compensation case worth millions of pounds at the High Court.
Jack Massara was severely asphyxiated during his birth at Chelsea and Westminster Hospital in 1997, after a midwife chose not to perform an episiotomy – a procedure which doctors agree would have allowed him to be born more quickly.
Now eight-years-old, Jack will never be able to stand, walk or talk properly, and is likely to need full-time nursing care for the rest of his life. Despite his brain damage, the youngster received no impairment to his intellect and fully understands his disability.
The court heard how the midwife in charge of the birth had a strong objection to performing an episiotomy, although it could have allowed the baby to breathe more quickly. The procedure would have involved a surgical cut to the perineum, preventing the mother from tearing and allowing the baby’s head to emerge quicker. According to experts, some midwives actually prefer to allow the mother to tear because they believe it facilitates quicker healing.
James Badenoch QC, Jack’s personal injury solicitor, told the court, “It is thought that some midwives have a doctrinal objection to this practice. We say that’s fair enough, except when the baby is in dire emergency, when it’s necessary to take whatever steps to rescue the infant.
“If it had been a case of rescuing Jack from extreme danger, Jack’s mother would have put up with it whatever the pain.”
Mrs Justice Cox, overseeing the personal injury compensation claim, ordered that Chelsea and Westminster Healthcare NHS Trust pay the eight-year-old a lump sum of £850,000 in addition to inflation-linked yearly payments of £100,000 until he 19, and then £200,000 every year for the rest of his life.
A spokeswoman for the trust said, “We hope that the agreement made today will go some way to help make life more comfortable for Jack and his family, although we understand that no amount of money can fully compensate them.”
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