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£1m plus settlements obtained for Felixstowe mother and son

Practice area: Injury


Trefine Maynard
The courts today approved substantial compensation settlements for a mother and son from Felixstowe who suffered brain injuries when the mother nearly drowned in a hospital bath while in labour. The incident occurred in Ipswich Hospital and the Ipswich Hospital NHS Trust admitted liability in 2007. The compensation which has now been agreed, much of which will take the form of annual payments, will be used to provide Rebecca Waite and Kyle Burch with the care that they need for the rest of their lives.

Rebecca, 24, and Kyle, now 5, are represented by Kester Cunningham John clinical negligence specialist solicitor Trefine Maynard who explains:

"Many women find taking a bath during the later stages of labour helpful in managing their pain. However, Rebecca should never have been encouraged to have a bath unsupervised as she was known to be at risk of having a seizure. Allowing her to do so had tragic consequences. She was found by her partner underwater and although not apparently breathing was fortunately revived. The lack of oxygen had however left her with permanent brain injury. Her neurological injuries are such that she will never be able to work.

Her unborn son Kyle was delivered by emergency caesarean section but the oxygen deprivation he had suffered resulted in profound brain damage and he is totally reliant on others for his care. He has been tirelessly looked after by his devoted family and has done remarkably well.



As with the majority of the claims we handle, our clients will use the damages awarded as a result of the litigation to meet their long-term care needs and provide security against future needs. However, as is nearly always the case with those resorting to litigation, they are equally motivated by their wish to raise awareness and prevent similar mistakes being made in the future".

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