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Damages Award for Three Year Old Girl

Damages Award for Three Year Old Girl

A three year old girl from South Shields has received an award of damages, following the death of her mother when she was just 13 weeks old.

All media requests should be made to Angela Huck on 01228 552222 | 07525 128762 | ash@burnetts.co.uk , but please note the family is not giving any interviews.

A three year old girl from South Shields has received an award of damages, following the death of her mother when she was just 13 weeks old.

Ava Wearn’s mother Nadia Wearn (pictured above) a dance teacher at Newcastle High School for Girls died aged 31 on 1st June 2011, hours after being sent home from South Tyneside Hospital Accident and Emergency department.

Nadia had visited the unit complaining of pain in her abdomen, chest and left arm, along with shortness of breath. The doctor who saw Nadia said that the pain was being caused by the way she was holding baby Ava and advised rest. No tests were carried out and within hours of returning to their Coleridge Avenue home, Nadia suffered a cardiac arrest and subsequently died.  

An inquest took place in May 2012 and in October 2013 Nadia’s family began legal proceedings against the South Tyneside NHS Foundation Trust, claiming damages for Nadia’s husband, Jason and Ava. The defendants subsequently admitted liability.

On Wednesday 21st January 2015, Ava’s settlement was approved by the High Court. Speaking after the hearing, the family’s solicitor Angela Curran from Burnetts said, “The Trust accepted liability for Nadia’s death in 2013 and agreed that further tests should have been carried out. Sadly, the Trust also admitted that, had those tests been undertaken, Nadia would still have been in hospital at the time of her cardiac arrest and in all likelihood would have been successfully resuscitated. It’s an absolutely tragic case – there are no winners here.”

Ava’s award will be paid into the Court and administered for her benefit to ensure her care needs can be met until adulthood.

The legal team advising Ava and her family were Angela Curran, Partner at Burnetts and a nationally recognised medical law expert who lives and works in the North East and Elizabeth-Anne Gumbel QC from One Crown Office Row.

Published: Wednesday 21st January 2015
Categorised: Medical Negligence

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