Clinical Negligence Case News - £425K + £18K P/A Lifetime Payments

Birth negligence claim. Client was born in 1991 and only came to us just before limitation expired just before her 21st birthday.

She suffered a severe brachial plexus injury following a shoulder dystocia leading to Erbs Palsy. Over the years she had undergone a number of procedures to improve the function in her injured arm but all were unsuccessful. Arm had no useful function and she was effectively left with a flail arm and very disabled as a consequence. Client’s mother’s first child had been a large baby and underwent instrumental delivery. She suffered a third degree tear and a shoulder dystocia leading to an erbs palsy, which resolved within a short period of birth .When she became pregnant with our client ante natal scans confirmed she was a very large baby and given history was admitted to hospital at 38 weeks for induction of labour. Mother states she requested a c section but that her concerns was not listened to. Client suffered shoulder dystocia and severe , permanent injury. Case alleged that defendant was negligent in failing to take account of the previous history; failing to account for the fact that client was known to be a big baby and therefore there was an increased risk of another shoulder dystocia, failing to perform a c section and using excessive and inappropriate force during the instrumental delivery. Liability was contested throughout but the claim eventually settled 1 month before trial.

Matter Value: Substantial value claim – £425K + £18K P/A Lifetime Payments

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