A SIX-YEAR-OLD blind girl who suffers from cerebral palsy and epilepsy has launched a High Court action against a health trust for alleged negligence following complications during her birth.
Pema Murry, of Victoria Street, Clitheroe, is said to have suffered multiple organ failure and was starved of oxygen at birth as a result of negligence by hospital staff.
Now through her mother Kathryn and father Choephel, Pema has issued a High Court writ against Blackburn, Hyndburn and Ribble Valley NHS Trust, claiming damages for personal injury of over £50,000.
The writ says the youngster was left severely physically handicapped, with severe uncontrolled epilepsy and unable to walk, sit or roll on her own.
But John Dell, acting chief executive for the Blackburn, Hyndburn & Ribble Valley Health Care NHS Trust said today: "This case is subject to patient confidentiality, but the Trust can confirm that a defence has been filed which, challenges all the allegations raised in the 'Particulars of Claim'.
"The matter is subject to the usual legal process and the Trust is keen to resolve the matter as soon as possible".
Mrs Murry, who had requested a home birth, claims that when she went into labour on April 12, 1995, she was encouraged to push when the baby's head was not properly engaged and was not taken to hospital even though the baby's heart rate had dropped rapidly during the labour.
Mrs Murry was assigned Sheena Byrom as her midwife through Queen's Park Hospital at Blackburn to carry out the home delivery with the intention of admitting her to hospital if problems occurred, the writ says.
Mrs Murry contacted Miss Byrom at 7am on April 12 to tell her contractions had started at 4.30am.
But between Miss Byrom's arrival and Pema's birth at Queen's Park Hospital at 5.40pm, Mrs Murry claims in the action that the midwife:
Failed to tell her of the increased risks to herself and the baby through having a home birth
Advised her not to pass urine for nearly seven hours, as her swollen bladder would have put pressure on the baby's head.
Encouraged her to push while in the ambulance, which would have increased stress on the baby.
Failed to arrange for her immediate transfer to hospital at 3.45pm.
Failed to turn her on her side when the baby's heart rate dropped. Had she done so, it is likely the blood flow to the placenta and the baby would have been improved.
At 2.45pm fellow midwife Lesley Briscoe took over from Miss Byrom and monitored Mrs Murry's progress until her waters broke at 3.45pm.
Miss Briscoe then noted the baby's heart rate had dropped and contacted the hospital's 'Flying Squad' -- the emergency obstetric and neonatal unit.
A doctor, named only as Dr Anderson, who attended with the squad said they waited for a second ambulance to come as a neonatal resuscitation set could not be carried in the same ambulance.
On the journey Kathryn claims Dr Anderson told her not to push but pant, whilst Ms Byrom gave her conflicting advice.
Pema was then delivered normally by Miss Byrom at the hospital and transferred to the special care baby unit, where she was found to be hypoglycaemic and suffering from multiple organ failure.
The High Court writ also covers the actions of Dr Anderson, with Mrs Murry claiming he should have delivered Pema by forceps so that she would have been delivered by the time the second ambulance arrived, and that the first ambulance should have departed immediately.
Queen's Park Hospital has also been included in the writ for failing, through its staff, to have "any or proper care" in the management of Kathryn and Pema in the last four weeks of pregnancy and during the first and second stages of labour, which the Murry's claim resulted in Pema suffering from cerebral palsy.
Pema, who is seven next month, may also now require surgery to her left hip, with has a life expectancy into her late 20's at least.
Her parents have decided to issue the writ on her behalf to fund the special care she will need, including equipment to assist her mobility and adapting her home to match her needs.
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