For many years we at Tozers have supported families affected by Hypoxic Ischemic Encephalopathy (HIE). HIE is a type of brain damage which is caused by a lack of oxygen to the brain before or shortly after birth. We assist families to bring a claim for compensation where their child has developed physical and/or cognitive difficulties.
On HIE awareness day, one of our clients has written about her experience and how her son is now, 8 years after his traumatic birth.
Tell us about how your son developed HIE?
When I was in labour with our second child we knew there were complications. The Midwife had told us the baby was in distress and doctors kept popping in and out to check on things. Then things became serious. When labour doesn’t go as you expect, it can be terrifying. Everything moves in slow motion, but at the same time feels so fast you can’t keep up. The professionals looked worried and started rushing around, buzzers were ringing but nobody told us what was happening. We could hear baby’s heart rate dropping and dropping, then, stop. It felt like the machine was silent for an eternity. Our baby was born grey and floppy. His apgar score was 0. There was no big hearty cry, no congratulations from the midwives, no tears of happiness. Just a room full of doctors and nurses trying to resuscitate him. It took 10 minutes to resuscitate him… although we didn’t even know it was a ‘him’ at this point, nobody had even told us the sex of the baby. I guess it was the last thing on their mind at that moment.
They brought him over, grey and with tubes already attached, he was in a very poor condition. We couldn’t hold him, I was just able to rub his little hand and tell him what we had named him, that he needed to be strong and that I loved him. With that, the nurse said it was time to go and rushed him away.
The next few hours were torture. Nobody could tell me how he was doing, or even if he was alive. The paediatrician came back to see us and explained that it was too early to tell if he would make it through the night, but if he did, we could at least start to hope. It was made very clear to us that this would be a long road of uncertainty. They explained that he had suffered HIE and we later discovered he had a bleed on the brain.
The doctors had put him into an induced coma to try and reduce the damage to his brain. He lay in a cold cot on a cooling mat for 3 days and then they brought him around. They said they wouldn’t know anything of the condition of his brain until he had been slowly warmed up and tests could start. He had CT scans, MRI scans, tests to see if he was having seizures and wires attached to his head, they had shaved his beautiful hair off in one spot for access. And still they kept saying it was too early to tell. Weeks of this passed and then doctor told me that the MRI results were not good. We were told to expect the absolute worst-case scenario – our son would not be able to walk, talk or show emotion. Every parent’s worst nightmare.
Why did you decide to seek legal advice in relation to a claim?
Family members suggested speaking to solicitors to bring a clinical negligence claim against the hospital. It was very early days and I felt confused and conflicted. I felt that I just needed to look after my baby. But my family convinced me that whilst events were still fresh I should at least find out if it was something we needed to look into, because it was now clear that our son would need a lot of care throughout his life, probably more care than we may be able to provide ourselves.
At this point we contacted Tozers for some advice. They had a good reputation. The solicitor I spoke to was so calming and reassuring. What touched me the most was how human he was, like talking to an old friend. He told me that my baby was my priority, I had to focus on him right now. So having instructed Tozers, that is what I did. My solicitor kept checking in and updating me but his first question was always to ask how we were. He genuinely cared, and it showed.
How is your son doing now?
My son came out of hospital when he was 6 weeks old. Bringing him home to his big brother was incredible! Slowly he started breaking down barriers, doing things we were told he couldn’t – that first smile made me weep! His milestones were delayed, but he started to feed himself, having been tube fed until 9 months. He began to bear weight on his legs, he crawled, walked and then eventually he talked…. And boy, can he ever talk now?!
He is now 8 years old, he has some speech and learning difficulties, he has cerebral palsy as well as other neurodevelopmental conditions. But none of those things define him. He is happy, extremely loving and caring, he is utterly hilarious and totally bonkers. He attends mainstream school and has a small selection of friends who he loves fiercely. He attends Cubs and tries new activities and adventures. From where we were, to where he has come to today is nothing short of astonishing. He makes us proud every single day.
Would you recommend Tozers to bring a legal claim?
We continued our legal claim through Tozers, and it has been successful. The hospital has agreed to pay compensation. It saddens me when I think how my son now has to live his life in the wake of other people’s errors. I know it would never have been intentional and I accept that mistakes do happen. But it brings me so much peace to know that Tozers will support us to get the help our son will need throughout his life, which we would not have been able to afford ourselves. I do not regret bringing the claim for one second, as I was reminded so very early on, my son is my priority.
I would recommend anyone in a similar position, even if you are unsure whether you want to bring a claim – to speak to Tozers. They are the experts, they will give you honest advice about whether you could be successful and they will talk to you in a way that you understand. If they don’t think you should pursue a case, they will be up front with you about it. They will put you and your family at the centre. I wanted a firm who understood my family and allowed me to focus on my child and achieve the best outcome for him. I strongly believe Tozers are the best firm for us.
How can Tozers help?
Tozers will handle all aspects of the legal process, allowing you to focus on what matters most - your child and their well-being. With their expertise and dedication, Tozers can provide the support and representation you need to navigate the complexities of a legal claim and secure the justice you deserve.
