Mrs D gave birth to her first child in 1998. Delivery was facilitated using forceps and a ventouse. Mrs D sustained a third degree tear from which she made a good recovery although she went on and developed post natal depression. Subsequently, she had two miscarriages.
In February 2001 Mrs D became pregnant with her second child. Due to the problems she had with her first child and her low body mass index a birth plan was devised, a management plan was drawn up for delivery noting senior personnel to be at the delivery and no difficult rotation on delivery to be attempted.
When Mrs D went into labour progress was slow and there were early signs of fetal distress. A ventouse delivery of the head was performed and delivery was achieved with a McRoberts manoeuvre and an extended episiotomy and two pulls. However, Mrs D suffered a third degree tear which resulted in Mrs D’s pudendal nerves injury and a degree of external sphincter deficiency.
She developed difficulty with her bowels and suffers with urinary urgency. In addition, Mrs D suffered from depression. The Defendants disputed liability throughout however, following the joint meetings of experts the Defendants put forward a Part 36 offer which was subsequently rejected but negotiations proved successful and a settlement was achieved in the sum of £100,000.