Expert Witness Journal Issue 65 February 2026 - Flipbook - Page 37
Birth injuries and expert evidence
by Elizabeth-Anne Gumbel KC
OAJ By His Mother and Litigation Friend CFT v
Dorset County Hospitals NHS Foundation Trust
[2025] EWHC 3345
Neonatology:
• Professor Mitchell [in CDE]
• Doctor Jane Hawdon [in CDE]
• Doctor Peter Dear [in CNZ]
• Doctor Fox [in CNZ]
• Doctor Gary Hartnoll [ in OAJ]
• Doctor Janet Renniw [in OAJ]
This is the third birth damage case in just over 3 years
in which Mr Justice Ritchie has been the trial Judge.
The other two being CNZ (Suing By Her Father and
Litigation Friend MNZ) v Royal Bath Hospitals NHS
Foundation Trust, The Secretary of State for Health
and Social Care [2023] EWHC 19 (KB) and CDE
(Suing by her mother and litigation friend MNZ)
v Surrey and Sussex Healthcare NHS Trust [2022]
EWHC 2590 (KB). Ritchie J has therefore heard
and/or assessed evidence from many of the most
well known and well respected experts in this area
including:
Neuroradiology:
• Doctor Marcus Likeman [read in CDE, CNZ and
OAJ]
• Doctor Craven [read in CNZ]
• Doctor Neil Stoodley [read in OAJ]
Paediatric Neurology:
• Doctor Lewis Rosenbloom [in CNZ]
• Doctor Richard Newton [in CNZ]
• Doctor Shakti Agrawal [in OAJ]
• Doctor Neil Thomas [in OAJ]
Obstetrics:
• Mr Derek Tu昀昀nell [in CDE and CNZ]
• Miss Leonce [in CDE]
• Mr Paddy Forbes [in CNZ]
• Mr Gerald Mason [in OAJ]
• Professor Neil Thornton [in OAJ]
Review of these cases gives good insight as to how
one Judge has assessed the evidence of these wellknown experts.
Midwifery:
• Miss Angela Helleur [in CDE]
• Miss Janet Edwards [in CDE]
• Ms Dawn Johnson [read in CNZ]
• Ms Kaye Wilson [ read in CNZ]
• Ms Jean McConvelle [in OAJ]
• Ms Susan Brydon [in OAJ]
EXPERT WITNESS JOURNAL
The case of OAJ concerned a Claimant who was
aged 14 years at trial and who su昀昀ered severe brain
damage around the time of his birth. It was not in
dispute that the Claimant had su昀昀ered an acute
profound hypoxic ischaemic insult and possibly also
chronic partial hypoxic ischaemia. The Claimant’s
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FEBRUARY 2026
