Our Medical Negligence team have secured a settlement for a 23 year old man with Erb's Palsy, caused by a severe injury at birth.
Robert's* shoulder became stuck during his birth. The assisting staff panicked and pulled on his head, successfully delivering him but causing a serious injury to his brachial plexus which restricted the nerve supply to his left arm.
The incident during his birth caused long-term strength and mobility problems. Robert was unable to ride a bike, play sports at school and struggled with any task requiring both hands such as button fastenings, tying shoelaces and carrying items.
Robert's mother asked our Medical Negligence team to investigate the circumstances of his birth, after seeing reports of a similar case in the local newspaper.
Our specialists were able to gain expert evidence on the appropriate standard of midwifery and obstetric care at the time of his birth, as well as the condition and how it would progress as he grew older. An occupational therapy expert also gave evidence of Robert's ongoing care needs.
Even though Robert's mother had a very vivid recollection of the day he was born, the court was unlikely to accept this account, due to the length of time that had passed.
Following a series of expert meetings we were able to secure Robert a six-figure settlement offer, a month before the trial was due to start and Robert accepted this offer.
Anne Kavanagh, an Associate in our Medical Negligence team, said:
"This was an excellent settlement given the challenges presented by the evidence concerning events which occurred 23 years ago. The Claimant's injury is lifelong and has a significant impact on his daily life including his ability to find suitable employment. We believe that the settlement sum will provide him with a degree of security for the future."
If you or a loved one has suffered due to complications during birth, our medical negligence solicitors may be able to help you claim compensation. See our Erb's Palsy Compensation Claims page for more information.
*Client’s name anonymised at their request.
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