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Angus Moon QC and Eleanor Morrison succeed in a clinical negligence action for severe brain damage caused at birth by the Defendant’s negligent failure to monitor the claimant’s heart rate with a CTG monitor whilst his mother was in labour

9th April 2020

Angus Moon QC and Eleanor Morrison, instructed by Leigh Day, successfully represented NKX in the case of NKX v Barts Health NHS Trust, in which judgment was given on April 7th 2020. Liability was in dispute both on breach of duty and causation.

The case involved complex factual questions, which required cross-examination of six midwives, and difficult expert evidence leading the judge to say that the experts were “on the edge of what they could confidently say”. On the timing of the brain damage, Mr Simeon Maskrey QC, sitting as a Deputy Judge of the High Court, rejected the so-called conventional model and accepted an extended model, finding that the damaging insult lasted 35 minutes.

Damages are to be assessed at a later date.
A copy of the judgment can be found here.

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