Court approves settlement for child born with developmental dysplasia of the hips

The client was found to be in a breech position during pregnancy. At 37 weeks, her mother underwent a successful external cephalic version to turn her before birth.

The client was born on 13 September 2007. Her hips were recorded as normal during her newborn examination. However, despite her breech presentation placing her at higher risk of developmental dysplasia of the hips (DDH), she didn’t have a follow-up ultrasound scan at the hospital.

At her eight-month check with the health visitor, no concerns were identified, although she had a more prominent crease on her right hip. Her parents later told her GP that she was waddling when she walked. This led to an ultrasound scan and a diagnosis of DDH in both hips when she was 26 months old.

Expert evidence confirmed that the client should have had an ultrasound scan in the first few weeks after birth. This would likely have identified instability or dislocation in her hips.

The evidence indicated that if the condition had been identified in the first few weeks, non-surgical treatment would probably have been successful. Even if it had been identified following her eight-month check, treatment at that stage would have allowed her hips to develop normally without long-term concerns.

Following her diagnosis, the client underwent surgery on both hips, including open reduction and femoral osteotomies. She needed a further femoral osteotomy on her right hip in January 2013, followed by two more operations to remove metalwork.

The client’s condition had implications beyond the operations she had already undergone. An orthopaedic surgery expert advised that she would need another osteotomy by the age of 14.

The expert also considered that the client would develop osteoarthritis earlier than usual. This meant she was likely to need hip replacements and further revisions sooner than she would have if her hips had developed normally.

The advice also identified activities and career paths she should avoid, including work involving prolonged standing or walking, climbing, or high-impact activity affecting her lower limbs.

The defendant Trust admitted liability in its Letter of Response for failing to arrange the six-week ultrasound scan. This meant it accepted responsibility for that specific failing.

The Trust made an offer to settle the claim in June 2015. The offer was rejected, and the team on the case went on to assess the value of the claim in light of the client’s injuries and future needs.

A meeting between the parties took place in June 2018 to discuss settlement. The case was resolved for more than £300,000. At a court hearing in December 2018, the court approved the settlement and granted anonymity to protect the client’s identity.

The client’s claim settled for more than £300,000. The court approved the settlement in December 2018.

The compensation was intended to help the client access the care and treatment she might need in the future. This was particularly important given the expert evidence about further surgery and the likelihood of developing osteoarthritis earlier than usual.

Mala Sidebottom, the clinical negligence solicitor instructed in the case, said:

‘I am delighted that NG has settled her case for a sum that should enable her to access any care and treatment that she needs and to fully move on with her life.’

When a child’s condition isn’t identified in time, the consequences can extend well beyond the initial diagnosis. If you’re concerned that a failure in medical care has affected you or your child, our specialist medical negligence team can help you understand what happened and whether you may have a claim.

We’ll explain the process clearly and help you understand the options available, so you can make informed decisions about the next steps.

Find out more about our medical negligence claims service.