A young woman who was left with severe brain damage after going into cardiac arrest 13 days after giving birth has won a negligence claim for millions of pounds against an Essex NHS trust.

East Suffolk and North Essex NHS Foundation Trust will pay a lump sum of £3.85 million to the woman, who is now 32, nearly 10 years after the incident.

Periodic payments starting at more than £86,000 and rising to £180,000 have also been agreed. An additional payment of almost £125,000 has been awarded to the woman's parents for their care.

The woman, then aged 23, described as fit and healthy, gave birth to her first and only child in July 2015. The woman was discharged from hospital on July 21, 2015, with no concerns about her health noted in maternity records. However, following her discharge, she became breathless and had palpitations. 

On August 2, 2015, she was admitted to a hospital operated by the Foundation Trust, where she received treatment but suffered a cardiac arrest in the early hours of August 3 2015.

A judgement handed down by Deputy High Court Judge Elizabeth O'Neill said that although the parties do not fully agree on the extent of the woman's injuries and prognosis, it is not disputed that as a result of the cardiac arrest, she suffered a severe degree of hypoxic brain damage.

This, it said, has "resulted in significant cognitive impairment and organic personality change, such that the claimant will not be able to undertake paid work and will require care for the rest of her life".

The judgement detailed that after a short period in the care of her partner, that relationship broke down, and the woman and her son moved in with her parents, who adjusted their home in order to care for her and her child, a boy.

Due to her intolerance of noise, she and her son moved into rented accommodation close to her parents, who have continued to provide daily care for her.

The woman's son also receives care from his father and paternal grandmother, who look after him several days a week.

The judgement added: "The claimant and her son received what is acknowledged by all parties to be unstinting care and support from her parents, who have provided the majority of her care and her child's care, despite suffering health problems of their own.

"The court notes that the nature of the care provided by the claimant's parents has been exceptional.

"To provide but one example, by establishing a clear routine in which they prepare their grandson for bed and deliver him to his mother's house in his pyjamas to sleep there, and by remaining on-call for their daughter in the event of any difficulties, they have enabled the claimant to have valuable time alone with her son and develop a loving and caring relationship with him.

"Despite the challenges she faces, the claimant makes efforts to improve her condition, most recently by taking up swimming and hydrotherapy. She is very attached to her son."

The agreement was reached on a settlement comprising two elements

The lump sum of £3.85 million element of the award includes general damages and interest, past losses and interest, and all future losses except for future annual care and case management

Periodical payments for care and case management annually have been calculated at £86,544 per year from December 2024 to December 2060, £157,500 per year from December 2061 to December 2070 and £180,000 per year from December 2071 for the rest of her life.

It added: "This was a complex case, and I commend the parties for reaching a settlement which is in the best interests of the claimant and in the interests of justice.

"Last, I note the generosity and devotion displayed by the claimant's parents in their care of the claimant and her son.

"I trust that this settlement will enable permanent arrangements to be put in place for the claimant that bring the whole family peace of mind, and wish the claimant and her parents the very best in this next chapter."

Dr Tim Leary, who is interim Chief Medical Officer at the trust, said: "This was a tragic and significant incident and the impact on the claimant and their family is self-evident. The case was complex, and the Trust is pleased that it has been resolved by agreement."