Alexander Clarke - Inquest verdict

20/01/2005

Thank you so much for handling my case so well. You came to know us at a great time of sadness and you were so kind. We will always remember you as very professional but also very warm hearted.

Sylvia, Tamworth

The Inquest into the death of a baby boy born who sustained a 6cm laceration to his neck during a forceps assisted delivery has given its verdict this afternoon.

Alexander Clarke sustained brain and spinal cord damage during birth at Wordsley Hospital in the West Midlands on 11th February 2004.

The verdict read:
"At approximately 03:53 on February 11th 2004 at Wordsley Hospital Stourbridge the spinal injury sustained was probably the result of traction and rotation during forceps delivery. Conclusion of the Jury as to the death - 'Accidental.'"

Aidan Cotter the Birmingham Coroner said that he would be referring the matter to Dudley Group Hospitals Chief Executive and Chairman, the General Medical Council, the Nursing and Midwifery Council, the Ombudsmen and the Healthcare Commission with a view to them each making enquiries.

The Jury Inquest lasted 4 days at Birmingham Coroners Court.

The family's solicitor, Richard Follis of Solihull based law firm Alexander Harris said:
"In view of the evidence received by the Jury and the matters that were not left to them to decide by the Coroner, the findings that the Jury made are welcomed by Mr and Mrs Clarke.

What the Jury did not know is that another Inquest a few years earlier had heard about a mark at the back of a baby's head who had been also delivered by Mr Watson. That baby also died."

"The family wish me to say on their behalf, this Inquest has been a profound distressing experience for us as a family. We have been told by the Pathologist that the injuries to Alexander's spinal cord are very uncommon, that have previously been linked with the use of forceps to deliver a baby. The Coroner told us he wanted to achieve justice in his inquiry into Alexander's death, we as a family are still waiting for justice.

We know Alexander is not the first baby to die from injuries following Mr Watson's use of forceps and we are very worried that if Mr Watson does not change his practice other babies under his care maybe put at considerable risk. We do not want other families to go through this.

We have, prior to the Inquest submitted a very serious complaint to Dudley Group of Hospitals. The response to this was unacceptable and in some areas utterly ridiculous. We understand that Dudley Group of Hospitals has not undertaken a serious untoward incident investigation. We as a family find this disgusting and a clear sign that the NHS complaints procedure is not working."

The family have asked that all media enquiries are made to the media department at Alexander Harris solicitors on 08700 77 88 77.

Notes to Editors:

Case background

Expecting her first baby, Jenny Clarke (27) was admitted to Wordsley Hospital on 10th February 2004 at 1845 hours with her husband Simon Clarke (28) and her Mum alongside her.

The first signs of foetal distress were noted at 2340 hours in Jenny's medical notes. The midwives wanted to ask a doctor, who was in theatre to examine Jenny and see if she needed an emergency caesarean. Over an hour and a half later at 0115, Jenny was seen by this doctor who decided to take no further action and returned to theatre. The midwives however again became unhappy with the progress of labour and at 0210 the on-call obstetric consultant was contacted at home.

At 0347 the obstetric consultant performed a forceps delivery by when Jenny felt too tired and upset to help deliver her baby. The consultant told her that the baby was facing upwards and that he was going to twist him to face the correct way and then attempt to pull him free. Jenny and Simon recall how Jenny was raised from the bed by the force the consultant applied with the forceps to deliver Alexander. Her entire body was moved with each tug. However, in her medical notes the consultant described having no difficulty with the delivery and that it was assisted with maternal effort.

When Alexander was born at 0353 hours his parents did not hear him cry. He was taken to the other side of the room to be resuscitated by medical staff. He gasped weakly and rescue breaths were commenced. His parents were in deep shock and extremely distressed.

Alexander was moved to the special care baby unit and doctors gave him little hope of survival. When admitted to the unit he was described as pale, floppy, not moving and unable to breath for himself.

His parents were left with little explanation as to why Alexander was born in such a poor state. For weeks paediatricians looked for a genetic explanation for his condition, which they told Jenny and Simon, was the likely cause of his difficulties.

They were shocked to later discover by looking at Alexander's medical notes, hung at the end of his incubator, that shortly after birth he had been found to have a 6cm laceration across the nape of his neck which they had not been told about. He had always worn a woollen hat throughout his stay in Wordsley hospital which hid the laceration. His parents were told by medical staff not to remove it because it would dislodge the tube which was feeding him oxygen.

On the 17th of March Alexander was transferred to Birmingham's Children's Hospital. Tests quickly revealed that Alexander had traumatic spinal cord damage which is thought to have occurred at the time of birth due to the forceps delivery. He had also suffered hypoxic brain damage caused by a lack of oxygen. Doctors told Jenny and Simon that Alexander would never be able to breathe for himself and he would never regain the ability to move effectively.

On the 25th of March Jenny and Simon had to make the most traumatic and devastating decision of their lives to allow the machines which were enabling Alexander to breathe to be switched off. These machines had kept Alexander alive since his birth.

Alexander's parents and his family said:

"The whole family is devastated by what has happened it has had a massive impact on us all. We feel that the treatment that both Jenny and Alexander received at Wordsley hospital was appalling and we are extremely angry that such a tragic thing could have happened in a place where you rely on medical professionals to help and care for you.

Alexander was a normal healthy baby during pregnancy. We all found it very difficult to understand why he was born in such a poor state and unable to breath for himself or to move.

To add to the distress of the situation we believe facts were deliberately concealed from us by Wordsley hospital staff about the cause of Alexander's condition and it was only through our own investigations that we discovered the truth.

We were all looking forward to Alexander's birth and we feel our life with him has been stolen."

Back to news

Make A Claim

If you would like us to provide you with advice with regard to your potential claim, please complete our brief claim form. We will reply to your enquiry within one working day.

Fill out our quick claim form

Call Us

If you would like to speak to someone directly about your claim, please call our friendly team on:

0870 024 0558

©2011 Alexander Harris Solicitors - Merged with Irwin Mitchell since 02/05/06

Irwin Mitchell