Settlement following a post-natal sepsis claim

David Bradshaw, Partner in our Clinical Negligence Team at Hay and Kilner, has successfully secured a liability settlement in a post-natal sepsis claim just weeks before the case was scheduled for a 12-day trial on liability in the High Court.

A young mother gave birth to her fourth baby on 31 March 2019. Her progress during pregnancy was unremarkable, and she had been admitted on 30 March 2019 in labour. Delivery was by normal vertex, and she had an uncomplicated post-partum recovery and was discharged home on 31 March 2019 by the Midwife. The following day, the mother of four was visited by the Midwife when she complained of significant after pain and was given paracetamol and ibuprofen for discomfort. Her pain did not settle and the next day she called 999. An ambulance was arranged, and paramedics arrived at her home shortly after.

She was taken by ambulance to hospital, and it was recorded on arrival that she was conscious but very lethargic. A diagnosis was made of post-partum haemorrhage, and the management plan was fluid administration and referral to gynaecology. The patient’s condition continued to deteriorate, and vaginal examination resulted in a diagnosis of sepsis and a referral to the critical care service. Unfortunately, her condition continued to deteriorate following an admission to ICU and a decision to withhold cardio-pulmonary resuscitation was made. The mother of four sadly passed away as a result of her infection on the morning of 03 April 2019.

David was instructed by the deceased’s partner as Administrator of her Estate in 2019, to investigate a potential claim for clinical negligence.

Expert evidence was obtained from many experts including an expert General Practitioner, an expert in Midwifery, a Consultant in Emergency Medicine, a Consultant in Infectious Diseases, an expert in Obstetrics, an expert Intensivist and a Paramedic expert.

A detailed Letter of Claim was served detailing claims against the community midwife, the GP, the ambulance personnel who attended the mother in the early hours of the following morning, and against the doctors at the hospital where she re-attended after having been brought there by ambulance. Liability was denied, and legal proceedings were issued. The matter was fully defended for over four years.

A Joint Settlement Meeting (JSM) was held in February 2025, just weeks before the case was scheduled for a 12-day trial on liability in the High Court. Following extensive negotiations, a settlement of 77.5% of liability was agreed, which David and the Claimant felt was a good outcome and certainly the best we could do without going through a 12-day trial, the result of which was likely to be positive, but certainly not guaranteed.

David’s client is exceptionally grateful for the professionalism and efficiency with which David has acted throughout the case. He comments “I cannot fully express how grateful I am for how David has managed this, been resolute and remained uncompromising to get the best outcome for us”.

No amount of money will ever replace the loss that David’s client and his family have suffered, but this excellent settlement will most certainly allow us to recover substantial damages in due course, which will undoubtedly help to support the family in the future.

If you know anybody who has suffered in a similar way, or you believe you have a potential claim, please do not hesitate to get in touch with David or a member of the clinical negligence team on 0191 232 8345.