Disabled man loses compensation case after claiming hospital to blame for brain injuries

Jackson Ireland, 23, suffers from a “range of physical disabilities” because he was starved of oxygen 10 minutes immediately before he was born in August 1992 birth at the hospital in Harton Lane, South Shields.


The damage was caused by Mr Ireland’s umbilical cord getting wrapped three times around his neck in the final stages of his mother, Lorraine Routledge’s, labour.


Hypoxia was caused by the “strangulation effect” of the cord, but Mr Justice Coulson told the High Court in London that - despite his physical handicaps - Mr Ireland’s intellect remains miraculously intact.


Lawyers for Mr Ireland, from South Shields, claimed seven-figure damages from South Tyneside NHS Foundation Trust.


The trust denied liability and the judge ultimately found against him after a four-day trial.


He ruled hospital staff to be at fault in failing to offer his mother the option of trying to “turn the baby prior to delivery” - since the infant was in an awkward “breech” position.


Medical experts for the NHS trust insisted the procedure was experimental at the time, and that it was legitimate not to offer it.


Mr Justice Coulson found that the procedure should have been available.


He said: “I am in no doubt that Lorraine should have been offered it, and the failure to offer her that alternative was a breach of its duty to her”.


The court heard that, although the procedure should have been attempted, it would have stood a “considerably less than even chance of success”.


Nor were there any failings in the hospital staff’s handling of the final stages of labour, the judge added.


The damage to Mr Ireland was done in the last five to 10 minutes before he came into the world, but the judge ruled there had been no negligent delay by medical staff.


The judge said: “I find that none of the allegations of negligence in respect of the actual delivery have been made out.


“Moreover, even if any of them had been proved, I find that there is no evidence to suggest that the delivery in this case would have been any faster - or that the delivery time would have been brought forward to any meaningful or significant extent”.

South Tyneside NHS Foundation Trust’s medical director, Dr Shaz Wahid added: “We wish to extend our sympathy to Mr Ireland and his family.

“We note the judge’s ruling that there was no negligent delay by staff and there was no criticism of the actual delivery.”