A couple who blamed their young son's death on medical negligence have accepted a £62,500 out-of-court settlement from Basildon Hospital.

John Garrett, who suffered from cerebral palsy due to oxygen starvation at birth, died just a month away from his third birthday.

His parents Donna and John, of Thames Haven Road, Corringham, sued Basildon and Thurrock University Hospitals NHS Trust.

They claimed their son would not have been damaged if an emergency caesarean had been performed earlier.

They claimed midwife Alan Jenkins did not call a doctor or more senior midwife when a monitor showed the baby's progress was abnormal.

When John was delivered, he was clinically dead and it took 18 minutes of vigorous resuscitation to revive him.

His parents claimed John's brain damage and death were caused by the trust's negligence in failing to recognise the abnormalities in the monitor, failing to inform a more senior midwife, failing to call obstetric staff until the baby's circulation had collapsed, giving Mrs Garrett the ulcer-healing drug ranitidine without calling for help and failing to deliver John earlier.

They sought damages for psychiatric trauma they had suffered.

Mrs Garrett, who had become pregnant through IVF treatment, sought compensation for her dashed hopes of pregnancy, wasted pregnancy after the assisted conception, the need for further fertility treatment and the pain and suffering of another pregnancy.

Pat Trinnaman, head of communications for the trust, said: "This was a very tragic case and the family have our deepest sympathies.

"It was decided that the case would be settled out of court."

Published Friday, April 11, 2003

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