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Adam Dutton, SWNS & Stephanie Wareham

Mum of boy left disabled after hospital blunders wins multi-million pound pay-out after suing the NHS

The mum of a boy left severely disabled following blunders at a scandal-hit hospital during his birth has secured a huge pay-out after suing the NHS. Reverend Charlotte Cheshire’s son Adam was left brain damaged following one of the UK’s worst maternity scandals at Shrewsbury Hospital.

Adam developed Group B Strep (BGS) and meningitis and spent a month in intensive care after bungling medics missed opportunities to diagnose the infections. Charlotte, 45, said her newborn son was only given antibiotics seven hours after tell-tale signs were first spotted and he was left fighting for his life.

Now aged 11, Adam is profoundly disabled - autistic, developmentally delayed, and both visually and hearing impaired with behavioural problems. He is likely to be reliant on others to care for him for the rest of his life and will be unable to work.

Charlotte began legal action against Shrewsbury and Telford Hospitals NHS Trust and on Monday secured a pay-out, expected to run into millions of pounds. The trust agreed to accept 80 per cent responsibility for Adam’s brain injury and pay an interim payment, which is yet to be determined by judges.

Charlotte, of Newport, Shropshire, has now vowed to continue campaigning for change to maternity standards after successfully suing the hospital at London's High Court. The Church of England priest said: “My pregnancy with Adam was in many ways textbook but it felt that changed when my waters broke.

"From that point I just had a mother’s instinct something wasn’t right but I was reassured by the midwives so many times that everything was okay. At no point in my pregnancy or in the hours after Adam was born was I told about Group B Strep.

"I later found out following a review of my records, that early in my pregnancy it was decided that I wouldn’t have a test for GBS because I didn’t have the risk factors associated with it. It was very hard to learn that this had been considered but not discussed with me considering the eventual outcome.

“While Adam is adorable and I’m so thankful to have him in my life, it’s difficult not to think how things could have turned out much differently for him if he’d received the care he should have. Adam will never live an independent life and will need lifelong care.

"While I’m devoted to him, I’m now raising a severely disabled son, which is extremely challenging and has changed the path of both our lives forever. Nothing will ever make up for what he’s gone through but today means we can try and start looking to the future as a family as we have the answers we deserve and the security of knowing Adam’s needs will be taken care of.

Adam was born at Shrewsbury Hospital nearly 35 hours after mum Charlotte's waters broke (Irwin Mitchell / SWNS)

“My heart goes out to all the other families who have been affected by maternity issues, not only at Shrewsbury and Telford but elsewhere. There continues to be too many stories of how families are left to pick up the pieces following care failings so it’s vital that families continue to speak out.

"What’s happened can never be forgotten and improvements in care need to continue to be made, not just at Shrewsbury and Telford but elsewhere. I think it’s also vital that steps are taken to ensure that GBS testing is undertaken a lot earlier than it was in our case.”

Adam was born at Shrewsbury Hospital on March 25, 2011, nearly 35 hours after Charlotte’s waters broke. In the hours after his birth Adam struggled to feed, was crying and started grunting, all signs of early-onset Group B Strep (GBS).

The bacterial infection can lead to life-threatening conditions such as meningitis if not treated quickly. Around 14 hours after his birth, Adam was transferred to a neo-natal intensive care unit. The following day he was diagnosed with GBS and meningitis and was left battling for his life.

In the hours after his birth, Adam struggled to feed, was crying and started grunting, all signs of early-onset Group B Strep (GBS) infection, a type of bacterial infection which can lead to life-threatening conditions such as meningitis if not treated quickly (SWNS)

Charlotte instructed expert medical negligence lawyers to investigate the family’s care under the trust. They found there were several missed opportunities to have monitored Adam in the hours after his birth and recognise he was at risk of infection.

There was also a failure to escalate his care to paediatricians, in light of him not feeding, his high-pitched cry overnight, and grunting, lawyers said. The next stage of his case will involve establishing the amount of compensation Adam requires to help fund the specialist life-long care and therapy he needs.

In another tragic blow for the family, Adam's dad Chris died from cancer in 2020.

Last year an independent review found more than 200 babies could have survived if they had received better care. Mothers also died or suffered injuries because of failures in care and children were left with life-changing conditions.

Sara Burns, the medical negligence lawyer at Irwin Mitchell, representing Charlotte, said: “While the maternity failings which were allowed to manifest at Shrewsbury and Telford over many years are well documented, their shocking nature never diminishes. Behind each case is a human tragedy of how families have been left devastated by medical errors.

Adam with dad Chris who died from cancer in April 2020 (SWNS)

"Many of these were avoidable and have led to the deaths of babies or incredibly serious birth injuries, which have caused severe disabilities and people and needing a lifetime of specialist care.

“We believe that Adam’s care was typical of many issues families have raised. Serial observations were missed, signs that should have been acted upon weren’t and serious illnesses were diagnosed too late.

“While nothing can ever make up for what happened to Adam, we’re pleased to have secured this liability settlement which has been approved by the High Court – which means Adam will receive the lifetime care and support he requires because of his complex needs.

“Sadly, what happened at Shrewsbury and Telford doesn’t seem to be an isolated incident. We continue to receive many first-hand accounts from families across the UK affected by issues in maternity care.

Around 14 hours after his birth, Adam was transferred to a neo-natal intensive care unit - the following day he was diagnosed with GBS and meningitis (SWNS)

“As we continue to campaign for improved maternity safety, it’s vital that, where appropriate, all Trusts learn lessons from the issues identified in this case to uphold the highest standards of care.

“Although GBS can make babies very unwell, most will recover with prompt treatment. A simple test can be conducted to highlight whether an expectant mum is a carrier of group B Strep and her care plan can be adjusted to ensure intravenous antibiotics are provided throughout labour to prevent the infection being transmitted. Everything possible must be done to prevent this infection in babies.”

Jane Plumb MBE, chief executive of the charity Group B Strep Support, added: “It's devastating Adam did not get the care he needed at the time and that the severe disabilities he now lives with as a result of group B Strep meningitis could have and should have been prevented.

Adam spent nearly a month in intensive care (SWNS)

“The UK falls behind so many countries by not offering GBS testing to pregnant women and people and too often not even telling them about GBS. This needs to change. Families deserve better.”

The family’s care was also examined as part of the Ockenden review into maternity services at Shrewsbury and Telford Hospitals. The full Ockenden Review report into maternity services at Shrewsbury and Telford hospitals was published last March following a five-year investigation.

The damning report identified 60 areas where care at Shrewsbury and Telford Hospitals NHS Trust should improve. Not enough staff training, deaths being dismissed or not investigated properly and a culture of not listening to families were among the issues identified in the report.

A spokesperson for The Shrewsbury and Telford Hospital NHS Trust said in a statement to the Shropshire Star: “We are very sorry for the failings in the care provided to this family, unfortunately we are unable to comment on ongoing legal cases.”

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