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Justice for parents who lost their 18-day old baby

Author: Stephanie Forman  Bullet  Dated: 22/11/2013

Simpson Millar's clinical negligence team secures six-figure compensation for parents.

After a six-year legal battle, the parents of 18-day old Daniel have been awarded a six figure sum in compensation after a judge ruled that Southend University Hospital had failed to ventilate him properly.

Daniel was born prematurely at 27 weeks but should have survived with proper care and treatment from the medical staff. Instead he died at just 18 days old - leaving his parents, Paul and Melanie, devastated and, as time went on, increasingly convinced that the hospital was hiding the truth about what had really happened. In 2010, with the help of Simpson Millar LLP's medical negligence expert, Stephanie Foreman they launched a compensation claim.

Prematurely born babies have to be ventilated using equipment that helps their lungs to inflate properly. But the pressure on the machine that could have saved Daniel's life was set too low by staff at the Essex hospital.

Starved of oxygen, Daniel never stood a chance. In court, the judge said: "It was the failure to apply the proper pressures which caused Daniel’s death."

Mrs Diji told the Mail on Sunday: "We feel it was a cover-up. We think they knew from the start they had made a mistake. By putting us through the ordeal of a court case instead of being honest, they’ve added insult to our injury."

"The NHS has a duty to investigate and to apologise early when appropriate; most people would feel that this should have been the case shortly after Daniel's death. This little boy clearly suffered from the doctors' failure to use the available ventilation equipment properly, despite the hospital's efforts to try and hide that fact," said Stephanie and added: "Parents who go through the trauma of losing a child should not then have to face years of complaints and litigation to get justice and to get closure. But I am pleased that we were able to support Mr and Mrs Diji during what has been a very long and challenging time and to get them the compensation they deserve."

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