Cooper (by her litigation friend, Julian Harrington) v Royal Berkshire NHS Foundation Trust

Medical practitioner – Negligence. Following the birth of her third child, the claimant suffered a cardiac arrest and consequential neurological damage. An action was commenced on her behalf for the recovery of damages for personal injury, loss and damage from the defendant NHS Trust. In the circumstances, it was agreed that the single issue in relation to liability was whether the claimant could establish that the cause of her cardiac arrest had been a cerebral venous thrombosis (CVT). The Queen's Bench Division held that, on the balance of probabilities, the claimant had suffered a CVT, leading to her cardiac arrest and consequential neurological damage. Accordingly, she had succeeded in having established liability against the defendant.