Contact Brendan Fleming Solicitors by emailing info@brendanfleming.co.uk or by calling 0800 999 1408

Genetic Condition Leads to Case Dismissal

In this case we represented a father.  His very young baby had sustained subdural haemorrhages and retinal haemorrhages.  The history provide was that the baby’s sibling had accidentally dropped the baby.  The baby was immediately presented to hospital as she appeared floppy, pale and unresponsive.  She was observed and discharged.  Parents were not satisfied that their baby was well and presented the baby back to the hospital.   Further examination revealed that she had sustained a subdural and retinal haemorrhages.  This explanation was not accepted by the hospital who examined the baby and they were accused of shaking their baby.   The baby was discharged from hospital into the care of the Maternal Grandparents supervising the parents at their property to enable the baby to remain with the family.  This case was considered by the High Court.  A number of medical experts were instructed including a haematologist, paediatrician, ophthalmologist, neurosurgeon, neuroradiologist and a geneticist as mother and another sibling had a genetic condition which was also inherited by the baby.  After receiving some of the reports from the medical experts the Judge dealing with the matter discharged the application of the Local Authority as it was accepted that the cause of the injuries was the incident initially provided.  No Findings Made.  Case dismissed.