A mother has spoken out about her 11-year legal battle after negligence by maternity staff at the Royal Victoria Infirmary (RVI) in Newcastle left her son with an irreversible brain injury. Kayleigh Cockburn, 38, from Stannington, Northumberland, gave birth to Charlie, now 11, at the hospital in July 2014. Charlie stopped breathing before delivery and required resuscitation at birth. He was later diagnosed with cerebral palsy due to oxygen deprivation.
Claims of Medical Errors
Kayleigh brought a claim against Newcastle Hospitals NHS Foundation Trust, alleging a "catalogue of errors" led to Charlie being starved of oxygen. She argued that staff should have performed a caesarean section when concerns about Charlie's heart rate first arose, but instead persisted with labour. The trust admitted partial liability and settled out of court in January 2025 for a six-figure sum.
Labour Complications
Kayleigh described how, when she first arrived at the hospital, Charlie's heart rate was not checked for an hour. When it was, the heartbeat was difficult to find and sounded shallow. She was rushed to theatre for a c-section, but the procedure was cancelled when his heart rate recovered. Kayleigh believes this was a missed opportunity to prevent the injury.
She was then placed on a hormone drip to strengthen contractions, despite Charlie showing signs of distress. Kayleigh said, "They were forcing labour when he was already struggling. I wasn't progressing. They still didn't section him." She added that multiple staff members were involved but none intervened.
Birth and Aftermath
The following morning, Kayleigh was sent for a c-section, but in theatre, doctors decided to use forceps instead. Charlie stopped breathing and was born lifeless. He was resuscitated but later moved to special care. Kayleigh was initially told he had inhaled meconium and was stressed, but days later she learned he had irreversible brain damage.
Charlie defied expectations, learning to walk, talk, and eat, though he remains younger in mind. Kayleigh said, "He's amazing, so determined. He's got an infectious laugh and smile." However, his future is uncertain, and he may eventually need a wheelchair.
Impact on Family
The experience left Kayleigh with anxiety, affecting her mental health and her experience with her second son, Harlow, now four, who is autistic. She said, "I feel like they robbed me of the newborn experience. With Harlow, I was terrified he would die." She will not have more children due to the trauma.
Trust Response
A spokesperson for The Newcastle Upon Tyne Hospitals NHS Foundation Trust said: "We are truly sorry for the outcome in Charlie's case and for the distress this has caused. We hope the settlement will support him throughout his life. We are committed to improving maternity care through learning and feedback, and have invested in staffing, training, risk assessments, and escalation protocols since 2014."
Kayleigh has featured in a short film by the Association of Personal Injury Lawyers for its Rebuilding Shattered Lives campaign, which aims to protect compensation rights for personal injury victims.
