Midwives ‘effectively ignored’ the Sri Lankan parents (Picture: Google)

The Sri Lankan family of a brain damaged child is set for a multi-million-pound NHS payout because midwives didn’t explain the importance of feeding their newborn, a judge has ruled.

Nilujan Rajatheepan’s parents are Tamil refugees who spoke little English when he was born in a good condition at King George Hospital in Goodmayes, Essex, in July 2009.

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Judge Martin McKenna said medics ‘effectively ignored’ Nilujan’s parents when they visited the family at home after the birth.

Nilujan was pale and lethargic, having not been fed for more than 15 hours.


The judge ruled medics failed to overcome the language barrier, directly resulting in the child suffering catastrophic brain injuries.

The judge ruled that Barking, Havering and Redbridge NHS Foundation Trust was liable (Picture: Google)

Nilujan, now 8-years-old, has cerebral palsy with severely impaired physical and cognitive function.



On Friday in London, Judge McKenna ruled that Barking, Havering and Redbridge NHS Foundation Trust (BHRUT) was liable.

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He said the sad reality was that Mrs Rajatheepan did not get any instruction on how to feed properly or what to do if feeding was unsuccessful.

‘No one had ever given her a clear and understandable explanation of the importance of feeding – still less how she should respond if she had concerns,’ he said.

‘Because of the language barrier, she was unable to communicate her concerns to hospital staff and when they were communicated by a friend, they were not acted upon.

Damages will be assessed at a later date if not agreed (Picture: PA)

‘If the baby – who had been crying continuously – had been reviewed when Mrs Rajatheepan was collected from the hospital, mother and child would have been kept in overnight, the difficulties with feeding would have become apparent and his injuries would have been avoided.’

Wendy Matthews OBE, director of midwifery at BHRUT: ‘We would like to say sorry again to Nilujan and the Rajatheepan family and express our sincere sympathies to them.

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‘We are considering the judgment and the implications of the judge’s ruling in this case.

‘Although we have made huge improvements since this incident occurred in 2009, we will take the opportunity to review it closely and see if there are any more lessons about our post-natal care that we can learn.’

Damages will be assessed at a later date if not agreed.