Wynter Andrews: NUH NHS Trust fined £800K for failings in care of mother and newborn baby in landmark case

An NHS trust has been fined £800,000 after admitting failures in the care of a mother and her baby, who died 23 minutes after being born.

Wynter Sophia Andrews died in the arms of her parents, Sarah and Gary Andrews, on 15 September 2019 due to a lack of oxygen to the brain, shortly after an emergency Caesarean section.

At a hearing at Nottingham Magistrates’ Court on Wednesday, the Nottingham University Hospitals (NUH) NHS Trust, which runs the hospitals, pleaded guilty to two charges relating to Wynter and Mrs Andrews. The counts were being a registered person who failed to provide care or treatment in a safe way resulting in harm or loss.

This was the first time the trust has ever been criminally prosecuted. Passing sentence, which could have been a maximum of an unlimited fine, on Friday, District Judge Grace Leong said there were “systematic failures” in their care.

She said: “The catalogue of failings and errors exposed Mrs Andrews and her baby to a significant risk of harm which was avoidable, and such errors ultimately resulted in the death of Wynter and post-traumatic stress for Mrs Andrews and Mr Andrews.

“My assessment is that the level of culpability is high, where offences on Wynter and Mrs Andrews are concerned. There were systems in place, but there were so many procedures and practices where guidance was not followed or adhered to or implemented.”

The judge said that the full fine after a trial, combining the totals for offences against both Wynter and Mrs Andrews, would have been £1.2 million, but this was reduced to £800,000 due to the trust’s early guilty pleas. It will also pay prosecution costs of £13,668.65 and a victim surcharge of £181, with Bernard Thorogood, mitigating on its behalf, asking for two years to pay the sum.

Outside the court on Wednesday, Mrs Andrews said in a statement that her daughter and family had been “failed in the most cruel way” and urged other mothers who may have been through similar experiences to take part in the Ockenden Review, a wide-ranging investigation into multiple failures in maternity care across the NUH trust.

The family previously said: “We hope that this criminal prosecution against the trust for its unsafe care will finally be the jolt they need to prioritise patient safety and result in meaningful change. We are mindful that the financial penalty imposed on the trust does nothing to address individual culpability.

“It remains the case that no medical professionals or managers have been professionally disciplined for their failures of care. The senior leaders at the trust at the time of Wynter’s death have conveniently moved and been able to pursue other high paying roles in our NHS. They have not had to face up to their actions that cost our baby daughter her life.

“Until there is proper accountability and learning from mistakes, babies and mothers will continue to be harmed and families will continue to have their hearts broken. We thank the CQC for bringing this prosecution. We hope in the future that there will be closer scrutiny by all regulators, to ensure that history isn’t repeated.”

While the couple’s lawyer, Georgina Peckett, from Switalskis Solicitors, said: “The criminal prosecution against Nottingham University Hospital Trust following the gross failures in the maternity care provided to Sarah Andrews and her baby daughter, Wynter, reflect the gravity of the problem in the maternity services at the Trust.

“No family should have to endure the pain and suffering that the Andrews family have endured. Although the Trust accepted responsibility for their errors, the fact remains that Wynter’s death, and the harm caused to Sarah was avoidable.”

The trust accepted wrongdoing to the CQC several months prior to Wednesday’s court hearing, with chief executive Anthony May reiterating its apology.

In a statement, he said: “We are truly sorry for the pain and grief that we caused Mr and Mrs Andrews due to failings in the maternity care we provided. We let them down at what should have been a joyous time in their lives.”