The Story of Sonia, Liam’s mother

Your son, Liam, suffers specifically from a cerebral infirmity (cerebral palsy) due to complications during childbirth, on February 11, 2010. In late 2015, the Administrative Court of St. Martin acknowledged the hospital’s liability for errors during delivery and awarded you compensation of some 242,550 euros and a quarterly pension of 7,211 euros. You have just appealed this judgment. Why?

Because I consider that the compensation I was awarded is far below the damage suffered. The pension is 2,400 euros per month. Today, of course, this amount is sufficient but what will happen when Liam turns 18? The more he grows, the more he will become dependent, and things will become more complicated to manage as I get older. And I refuse to put Liam in a hospital. What would happen if I were to have an accident?

When he becomes an adult, I will need the help of at least two people to take care of him; my lawyer and I have estimated these services to cost € 21 per hour, all inclusive. We contacted an accountant and a company providing help to people in order to assess the cost with precision and, thus, be able to submit a quote to court. However, the magistrates set the pension at € 10 per hour; I don’t think they took taxes and fees in consideration.

And that's not counting for the cost of all necessary technical aids, rehabilitating the house (bathroom, etc.) and car. For example, fitting the car costs about 25,000 euros. And only a portion of these expenses is subsidized. Another example is Liam’s stroller, which is adapted to his disability; it costs 4,000 euros and only € 1,000 are reimbursed by Social Security.

It is important to plan ahead and anticipate. Liam's life should be as comfortable as possible and with the pension we were awarded today, it will not be possible.

Are there any chances that Liam’s state will improve?

No chances whatsoever! His brain was damaged. He suffered from diffuse brain injuries. He will undergo further testing at various ages as he grows up to assess his needs and therefore be supported appropriately. At 18, he will need to have a guardian.

You gave birth on February 11, 2010. At what point did you decide to start this legal battle?

After birth, Liam was quickly transferred to the neuro-pediatrics unit in Martinique for additional care, and this is when a doctor planted an idea in my head... He asked me what they had done to my son. A month later, back in St. Martin, I asked the hospital for my medical records. They gave me three sheets of paper.  Knowing how my delivery had occurred (abnormal fetal heart rate, attempted extraction with a suction cup and C-section); I assumed my file could not be reduced to three sheets of paper. So I insisted and obtained my complete file.

With the help of a friend who has medical knowledge, I read it and realized that there were some weird things that had happened. I then requested a meeting with the hospital. There, I was told that I could file a complaint or apply to the regional compensation board. I chose to hire a lawyer to summon the administrative court. But unfortunately, this lawyer did nothing for over a year. Nothing at all.

When Liam was eight months old, we had to leave Saint-Martin to get closer to a large hospital. So we went in northern France from which we came originally. There I contacted a lawyer specializing in medical errors. I gave him my file, and he summoned the Administrative Court of St. Martin.

Why did you want to go to court?

I needed to know and understand what had happened. Although they have tried to make me believe otherwise, everything was fine until delivery. They tried to make me believe that Liam had a problem before birth; my age (36 years old at the time) could have caused problems, etc. After hearing the comment from the doctor in Martinique, after reading my file, I was certain that everything had gone wrong during childbirth. I really needed to know exactly what.

During these four years of trial, what was the hardest thing you had to do?

Most certainly the medical assessments, they take forever. The administrative court appointed an expert in obstetrics and genecology who interrogated me. Reliving my delivery was difficult. The fact of finding myself all alone facing the medical experts was psychologically difficult. Liam was also subject to lots of tests.

Then we needed to wait for the reports… This is another period of stress because you are wondering if they will indeed be impartial.

You are a victim, and you are forced to justify yourself, to prove it. It is not normal. They committed a mistake. Not me.

Did you feel guilty?

No… Even though a mother always feels guilty for what happens to her child. I have more regrets for not having asked for a caesarean section, not having asked earlier for it. But when you are in the hospital, you trust the staff. And I'm not a doctor, I could not have known, imagined...

But looking back now, yes, I tell myself that I should have reacted… Weird things happened, for example, two doctors were violently arguing, which was not reassuring to me … But again, how could I have known.

Are you angry?

I am, with the judgment, specifically with the amount of compensation. My moral damage was estimated at 4,500 Euros! (Editor’s note: the sum of EUR 100,000 had been requested). I had to leave St. Martin where we had a good life. I had to leave my friends, my work. Liam's dad and I separated. Today I no longer work; I received the AEH, the disabled child allowance, and the RSA. I no longer make contributions for retirement. I'm not considered as helping staff. I only have three hours of "free" time per day when Liam is at the IME (Medical Institution) from 9:00 to 12:00 and I use this time to shop for groceries… My current isolation is therefore only worth 4,500 euros.

Did you seek psychological therapy?

No, I have not had time. Looking after Liam is a full-time job. Medical assessments have also required a lot of time. And then I created the Marche Association with Liam in September 2011 which aims to raise funds for the acquisition of equipment, financing therapies for Liam, etc. We organize many concerts which also takes time. It helps me take my mind off of things; this is my therapy!

Do you think you can ever lead a "normal" life?

My life from before is in the past. Today I have a second life as the mother of a little boy with multiple disabilities, another world, a parallel life...

Today, I am perhaps more serene than I was a few years ago because I know my son better, it's easier, we understand each other better.

But the future will be somewhat more complicated as Liam grows up. Today I can still carry him, but soon I will no longer be able to. I won’t be able to travel as easily. If the amount of the quarterly pension is not revised upwards, I will not be able to call upon people to help me every day, and this will deprive me of my freedom. I think it will be difficult for me to try to get back to a normal life … I do not want to put Liam in a center; that is too taxing psychologically. I do everything for him; I do not have a choice.

Have you considered having another child?

No… Some mothers decide indeed to have a second baby, but I have never wanted to. I do not want to inflict Liam’s disability onto another child.

Are you angry with someone?

Yes of course! I am angry with some members of the medical team ... especially since they have never recognized their mistakes. They tried to make me believe that I was the problem despite the fact that the expert reports clearly show their responsibility in Liam’s disability. They should have reacted differently.

Mistakes were made, I understand fully, but when we make a mistake, we must also recognize it.

If they would acknowledge their mistake, would you be relieved?

Yes, absolutely.

Finally, what message would you like to give to mothers who find themselves in the same situation as yours?

They must be strong and fight! Do not be afraid to report errors and go to court. 

I recently received a letter from a mother, whose delivery went wrong, and she wanted to know the steps to take, she wanted to know what I had done. She was absolutely right to do so. But I must admit that fighting is expensive, assessments alone cost 9,000 euros. Do not be afraid to report errors and go to court.

Being a parent of a disabled child is an everyday fight, and I do not mean a fight against the disease but the society. I realized that our society was not made for children with disabilities, they are an invisible minority. Nothing or too little is done for them. That's why I decided to lead the project of developing a space for children with disabilities in a city park in my area, but this has been a project for three years...

A friend of mine often tells me that I have a lot of courage; I always say no, I do not have courage, I simple do what I have to. Undoubtedly, this experience taught me humility, perspective and knowing how to live in the moment.