A ten-year old girl with cerebral palsy is expected to get £3.7 million compensation.

The High Court in London was today due to be asked to agree the settlement after a brain injury at birth affected Chloe Ralph.

Chloe, 10, formerly of Middle King, Braintree, but now living in Copford, near Colchester, was born on January 27, 1993, at All Saints' Hospital in Chatham, Kent.

The umbilical cord was caught around her neck during birth and her breathing was impaired by mucus in her windpipe.

A paediatrician was not called until after the delivery when Chloe had still not taken a breath after six minutes.

She was not put on to a ventilator until after 11 minutes.

In May, 2001, the hospital's lawyers agreed Chloe's injuries had been caused late in labour or in the first 11 minutes of life when she was starved of oxygen.

Midwives had not monitored and acted upon increases in her heartbeat in the crucial minutes leading up to delivery, as was required by their own ward protocol.

A writ for compensation was issued by Chloe's mother, Samantha Ralph, stating that West Kent Health Authority had admitted liability but was contesting the level of damages she should receive.

During her first day of life, Chloe began to suffer fits and seizures, which continued for a week.

Chloe's movement is severely restricted and she is confined to a wheelchair. She cannot speak or feed herself and is dependent on others for most day-to-day needs.

But doctors describe her as having a sunny disposition and, intellectually, she has probably suffered no impairment.

Chloe's family's solicitors are Chelmsford-based clinical negligence specialists Gadsby Wicks.

Solicitor Theresa Kingsnorth, acting for the family, said: "This is a tragedy for all concerned.

"It is one of those cases where it is inappropriate to call it anyone's fault as such, though clearly there is responsibility involved because the proper procedures weren't followed."

Published Monday, February 24, 2003

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