Claim for Brain Damage due to Contraceptive Device Resolved at Court

Posted on: October 9th, 2014 by Editor

A compensation claim for brain damage due to a contraceptive device has been resolved at the Royal Courts of Justice with the approval of a £2.25 million settlement.

In July 2007, Cian Bowen was born eleven weeks prematurely and having sustained brain damage allegedly due to the insertion of a contraceptive device fourteen weeks into his mother´s pregnancy. Now seven years of age, Cian´s intellect is intact, but he suffers from cerebral palsy and requires constant supervision.

Cian´s parents – Tracy Ann Hughes and Stephen Bowen from Carmarthenshire in Wales – were told that, had Tracy´s labour have gone full term, it was unlikely that Cian would have suffered any brain damage at all. After seeking legal advice, the couple made a compensation claim for brain damage due to a contraceptive device on behalf of their son against Tracy´s GP – Dr Helen Clare Jenkins.

It was alleged in the legal action that Tracy had a intrauterine device (IUD) fitted fourteen weeks into her pregnancy, and it was this contraceptive device that had caused Tracy to start bleeding at twenty-seven weeks, provoked her premature labour and Cian´s early delivery two weeks later.

Dr Jenkins denied the allegations and sought representation from the Medical Defence Union. After a period of negotiation, the medical Defence Union made an offer of settlement without admission of liability amounting to £2.25 million – £2.05 million compensation for brain damage due to the contraceptive device and £200,000 compensation for Tracy´s pain and suffering.

The settlement of compensation was subject to the approval of a judge and consequently the case was heard by Mr Justice Spencer at the Royal Courts of Justice in London. Having been told the circumstances of Cian´s birth and the challenges faced by Cian and his family, the judge approved the settlement and commented that Cian was a “delightful little boy”.

The judge also pointed out that the settlement of the claim for brain damage due to a contraceptive device was a good one in the circumstances as, had the claim gone to a full hearing, it would have been difficult for Tracy and Stephen to demonstrate that presence of the contraceptive device was causative of Tracy´s premature labour and Cian´s unscheduled birth.

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