Baby born at Russells Hall Hospital left disabled after failings during his birth
A baby boy born at a Black Country hospital was left severely disabled following failings during his birth – after a heart rate monitoring machine was turned off for more than an hour.
Josiah Ellis was starved of oxygen after staff at Russells Hall Hospital, in Dudley, switched off a heart rate monitoring machine for 100 minutes during his mother's labour.
Josiah, whose heart rate had decelerated five times before the machine was turned off, was born without any pulse and had to be resuscitated. He was later diagnosed with cerebral palsy.
His parents, Marc and Lotti Ellis, instructed expert lawyers at Irwin Mitchell to investigate his care at the Dudley Group NHS Foundation Trust, which runs Russells Hall.
Following expert reports and evidence as to Josiah's future needs, lawyers secured an undisclosed settlement – which will fund the specialist life-long, support, care and therapies which Josiah, who has learning and speech difficulties and is wheelchair reliant, requires.
The Dudley Group NHS Foundation Trus previously admitted liability.
Marc and Lotti were living in Sedgley at the time of their eldest son's birth in January 2009. Lotti said "What should have been the happiest time of our lives was awful. The labour was really distressing. As soon as Josiah was delivered he was taken away to be resuscitated. At first Marc and I were completely in the dark.
“Seeing Josiah afterwards in the special care baby unit while being told he may still die was heartbreaking. During my pregnancy Marc and I had pictured so many times what it would be like meeting Josiah for the first time. What we had hoped for was nothing like the reality.
“Going home without him was really difficult. We were so relieved when he was finally allowed home but we knew that he was not developing properly.”
Following a number of tests, Josiah was diagnosed with cerebral palsy at 18 months old.
Marc and Lotti, who now live in Surrey, have produced a book, alongside Irwin Mitchell, called My Name Is Joe – which charts Josiah’s life so far and the challenges he faces and why. His parents hope the book will be used in mainstream schools to teach children about how young people with disabilities are just like them and enjoy doing the same things.
Lotti said: “Coming to terms with what the future holds for Josiah has been difficult but we feel so blessed that he is our son. It is almost as though he was given a second lease of life from God, whilst we get a chance to love and hold him for a time. While he faces many challenges we are so proud of the determination he shows not to be defined by his condition.
“He is an adorable little boy with an infectious smile who enjoys things all children do such as playing with friends and singing. We are just a normal family who go on days out and go to the park.
“Our lives are dedicated to helping Josiah. He’s making amazing progress at a conductive education school.”
Lindsay Tomlinson, a specialist medical negligence lawyer at Irwin Mitchell, said: “Josiah’s parents have shown incredible resilience throughout the years I have worked with them in coming to terms with what happened and providing the best life possible for Josiah, as well as his brother.
"Like in many cases where a person suffers a brain injury as a child, Josiah has had to wait several years for doctors to fully establish the true extent of his injuries and predict his likely future needs.
“During the course of our investigations worrying issues in the care that Josiah received were identified. While nothing can make up for his injuries it’s vital that lessons are learned so others don’t have to experience the upset that Marc, Lotti and the rest of the family have endured."
Diane Wake, chief executive of the Dudley Group NHS Foundation Trust, said: "This is a tragic case concerning failings in care, at the time of the birth of Josiah Ellis, born January 2009 for which the Dudley Group NHS Foundation Trust has previously accepted full responsibility.
"We are pleased that the court approved a financial package to enable Josiah to continue to receive the level of care he requires, in accommodation designed to meet his needs for the rest of his life.
"The damage cannot be undone, but the hope is that Josiah and his family can at least now look to the future with some confidence. We also learned lessons as a result.
"We would like to offer an unreserved apology to Josiah and his family for these admitted failings in care, and to pay tribute to them for their devoted care and wish them all the very best for the future."
