JUSTICE

Jul 31 2008 by Claire Rees, Rhymney Valley Express

THE mother of a five-year-old born severely brain-damaged says the family are close to receiving a seven figure life-changing compensation payment.

Rhiannon Gwyneria Orchard had a fight to survive when she was born five weeks early during a family holiday in Devon – not taking her first breath until 25 minutes later.

The Pontllanfraith youngster needs oxygen 24 hours a day and will never walk, talk or feed herself, and only smiled last year, despite doctors saying she never would.

In 2006, South Devon Healthcare NHS Foundation Trust admitted breach of duty and apologised, paying out £100,000 for her day-to-day care.

The family’s solicitor, Andrew Davies, of Hugh James, confirmed they would receive a seven-figure pay-out and the amount would be decided at a trial beginning on July 6, next year.

“It’s the end of the fight as it were but it’s just the start in terms of Rhiannon’s future,” said Mr Davies.

Before travelling to Devon in June 2003, Mrs Orchard’s midwife gave her a clean bill of health and told her: “Go away and enjoy yourself.”

But on the trip, at 35 weeks pregnant, she started to experience pain.

At Torbay Hospital, Mrs Orchard, now 35, and husband Dennis, 72 were told everything was fine, although Rhiannon’s heartbeat had dipped dramatically.

But it wasn’t until an hour and 45 minutes later that Mrs Orchard was given an emergency Caesarean section. “We watched her heart rate fall, 70, 60, 50, before there was a long beep, the midwife came running in and I was screaming, ‘Get the baby out’. Rhiannon had already died inside me,” she said.

Rhiannon was rushed to Bristol Children’s Hospital, where she was put on a life support machine.

“We were told Rhiannon had cerebral palsy and epilepsy,” said Mrs Orchard. “I was just numb.”

Mrs Orchard, who is at Rhiannon’s side 24 hours a day, said: “I don’t know what our future is; we just take each day as it comes.”

The mum was forced to leave her job as a full-time machinist and just once a week for four hours, the couple, who also have a 10-year-old daughter Rebecca, get a break from caring for their daughter.

A spokeswoman for South Devon Healthcare NHS Foundation Trust said: “The trust has offered sincerest apologies to Mr and Mrs Orchard and admitted breach of duty because baby Rhiannon should have been delivered earlier.

“Rhiannon was delivered less than two hours after Mrs Orchard’s arrival in the hospital’s accident and emergency department. Mrs Orchard was sent for a scan when she arrived in the obstetrics unit.

“The trust accepts that if the CTG trace had been carried out first, before the scan, the transfer to delivery suite would have been about 20 minutes sooner.

“The trust carried out an investigation and required the midwife to undergo supervision.

“A complaint made by the Orchards to the independent Nursing and Midwifery Council was dismissed by the council’s investigating committee, which decided there was no case to answer as her fitness to practise was not impaired, the case had been dealt with at local level and her competency was being managed by close supervision.

“Changes were implemented in the Obstetrics Unit after Rhiannon’s birth in 2003, including increasing the consultant cover so that there is a consultant on call exclusively for the delivery suite.

“An interim payment has been made to meet Rhiannon’s immediate needs and the parties are now concentrating on establishing the level of compensation to give her family financial security and the best possible for Rhiannon.”

“Expert evidence for the valuation of the claim is currently being gathered by both parties and will be discussed at a round-table meeting, to see if the trial hearing, set for July 2009, will be necessary.”