Parents of two-month-old girl who died after going into septic shock are awarded compensation payout from hospital trust after medics diagnosed symptoms as cow’s milk intolerance
- Nailah Ally died went into septic shock a day after being released from hospital
- Her parents have received a settlement from Surrey and Sussex NHS Trust
The parents of a two-month-old girl who died after going into septic shock a day after being sent home from hospital have been awarded compensation after doctors diagnosed her symptoms as an intolerance to cow milk.
Nailah Ally, from Crawley, West Sussex, was diagnosed with necrotising enterocolitis (NEC) – a serious illness which sees the gut become inflamed and start to die – shortly after her birth in October 2019.
The infant was also diagnosed with a hole in the heart during her mother’s pregnancy.
Nailah was taken to East Surrey Hospital three days after Christmas in 2019 with a swollen stomach and received treatment for suspected sepsis.
But doctors did not perform a barium enema, a test that helps to highlight the large bowel so it can be clearly seen on an x-ray, to consider the possibility that her intestine could have narrowed because of damage caused by NEC.
Nailah Ally, from Crawley, West Sussex, with her parents Laila Tobota and Emmanuel Ally at hospital
She was sent home from the hospital on January 7, 2020, with a follow-up appointment three days later.
However, Nailah went into septic shock the following day and a subsequent x-ray revealed a suspected perforated bowel.
Her condition worsened and she died on January 13, 2020.
A post-mortem examination found she died from multiple organ failure caused by NEC and a narrowing of the intestine.
Following her death, Nailah’s parents Laila Tobota, 26, and her partner Emmanuel Ally, instructed lawyers to investigate her care under the Surrey and Sussex Healthcare NHS Trust, which runs East Surrey Hospital.
Their legal team highlighted that an NHS investigation showed a consultant believed Nailah may have had an intolerance to cow’s milk and changed the formula she was feeding on.
A spokesman for law firm Irwin Mitchell said: ‘A root cause analysis investigation report by the Trust found there was a failure to perform barium enema, which in retrospect, may have found Nailah’s narrowed intestine which she suffered “due to her episode of necrotising enterocolitis”.
‘The failure to perform the test was down to poor documentation, poor face-to-face handovers between doctors and poor ownership of Nailah’s case by one named consultant, the report found.’
The spokesman said that the Trust has paid an undisclosed out of court settlement to Nailah’s parents to help them access the specialist support they required following her death, but it did not admit liability.
Nailah’s parents have been awarded undisclosed compensation from Surrey and Sussex Healthcare NHS Trust
Emily Mansfield, a medical negligence expert who represented the parents, said: ‘The last few years and coming to terms with Nailah’s death has understandably been incredibly traumatic for Laila and Emmanuel.
‘Nailah’s case not only vividly highlights the dangers of sepsis but the potential consequences of poor communication between doctors as well as between doctors and families.’
Ms Tobota, an HR manager, said: ‘While it’s three years since Nailah died the hurt and pain we feel is still as raw now as it was then.
‘She was the most adorable and beautiful child who didn’t deserve the suffering she had to go through in her short life. Nailah was an absolute fighter and so brave until the end.
‘We can’t thank enough the heart surgeons for everything they did to help Nailah.
‘However, after Nailah was transferred we felt that some staff were dismissive of our needs and that nobody on any ward rounds or staff handovers really asked us about our child.
‘It felt like Nailah’s feeding issues were often put down to milk intolerances rather than the focus being on her medical needs.’
A spokesperson for Surrey and Sussex Healthcare NHS Trust said: ‘We are very sorry for the experience Nailah’s family had at East Surrey Hospital and our deepest sympathies remain with them at this very difficult time.
‘We take any death extremely seriously and as a trust we have already investigated and put in place a thorough action plan to ensure we learn the lessons needed, and importantly, improve our care for future patients.’
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