The parents of a baby boy who died after a delay in carrying out a caesarean section have received an out-of-court compensation settlement.

Lawyers acting for Kerry Burton and Nigel Walton said the Heart of England NHS Foundation Trust had paid out a five-figure sum over the death of their son Bailey.

Bailey, whose twin sister Rebecca survived the birth at Birmingham’s Heartlands Hospital, was starved of oxygen before being delivered on September 30, 2008, and died two days later.

His parents, from Smiths Wood, Birmingham, had been trying for a baby for five years and had undergone IVF treatment after fertility problems meant they were unable to conceive naturally.

The death of their son, who suffered irreparable brain damage, prompted the hospital to launch a serious untoward incident inquiry.

Commenting on news that the NHS Foundation Trust had agreed an out-of-court settlement, medical negligence expert Guy Forster called for lessons to be learned by the hospital.

Mr Forster, from Irwin Mitchell Solicitors, who represented Miss Burton and Mr Walton, said: “During delivery, when a baby is in distress and is being starved of oxygen, every minute is critical.

“It appears that the doctors quickly recognised both twins’ heart rates were dangerously slow and Rebecca was delivered soon after, but there were then long delays before Bailey was born.