Baby Wynter died 23 minutes after birth
The district judge who imposed a hefty £800,000 fine on Nottingham's hospital Trust highlighted a series of failings in the care of baby Wynter Andrews and her mum, Sarah Andrews.
The court was told about the couple's victim personal statements, and the judge added: "No words are sufficient to describe their unimaginable suffering. It is clear to me that their pain continues and may never fully go away. I am acutely aware that this prosecution may not bring them closure. Complications arose after 37 weeks and one day "Complications arose after 37 weeks and one day where Mrs Andrews sustained abdominal pain. What followed from then was a series of failures by the Trust to provide safe care and treatment which ultimately resulted in Wynter being delivered but dying soon afterwards in her mother’s arms.
e. There were failures to escalate concerns to senior members of staff but that was not the principal reason that delivery of the baby was not done in a timely fashion. d. When Mrs Andrew was admitted to hospital with an episode of hypertension, there was a failure to ensure that CTG was recommenced as required by the local and national guidance.
h. The communication systems were inadequate and failed to provide clear and complete information sharing. The Trust, through Mr Thorogood , pleaded guilty at the first opportunity before the court on the 23rd January 2023 to two offences of failing to discharge its duty in providing safe care and treatment to both Baby Wynter and Sarah Andrews in contravention of its obligations under the Health and Social Care Act 2008 Regulations 2014.
"Mr Thorogood submits that the offences fall within the medium culpability bracket namely that the systems were in place but these were not sufficiently adhered to or implemented. Mr Thorogood submits that the maternity unit was only one part of the organisation and I have to consider the overall context in which the failures occurred.
"Where Wynter is concerned, there is no disagreement between the advocates that the court is dealing with Level A. The second element for me to consider is the likelihood of harm arising. There is again a sliding scale of a low likelihood of harm, a medium likelihood of harm and a high likelihood of harm.
"I cannot agree with Mr Thorogood that there is no expert evidence here. Mr Taylor’s report greatly assisted me in coming to my conclusion that the likelihood of harm to Wynter is most certainly at the medium level. This is a conclusion I reach with the assistance of an expert rather than by taking an impressionistic view.
"For the avoidance of doubt, my assessment is that the offence concerning Wynter falls within Level A with category 2 harm. The offence concerning Mrs Andrews falls withi Level B with category 3 harm. "I am mindful that the NHS Trust is a publicly funded body albeit it is a very large organisation. It does not operate for gain or profit. Its primary goal is to deliver quality healthcare and related services to patients. I am acutely aware that the funds are all accounted for and the Trust is operating with a continuing deficit. It is for those reasons that I am not intending to depart from the suggested starting points or the category range within the guidelines.
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