Our medical negligence team have helped secure a settlement for a child (LZF) who sustained damage to the nerves that control movement and sensation in the arm, hand, and shoulder – otherwise known as an Erb’s Palsy) at birth. This was the result of negligent care received during his delivery.
What happened to LZF?
LZF’s mother (LKJ) was admitted for induction at 40+6 weeks’ gestation for the birth of her second child. She was discharged home after a normal CTG because the labour ward was busy.
The following day she reattended and was induced with Propess. CTG traces were normal during the remainder of the day.
The next day a vaginal examination with artificial rupture of membranes was performed and clear liquor was seen. LKJ started having contractions and an epidural was administered.
The delivery seemed to progress well until later that day when the midwife documented decelerations. The emergency buzzer was pulled as the fetal heart rate wasn’t recovering to the baseline. LKJ was examined by the obstetrician who then asked her to consent to an instrumental delivery, which she did.
The obstetrician performed an episiotomy and applied the Ventouse cup. He then delivered LZF’s head. The head was delivered with the cord around his neck.
LKJ recalls the obstetrician struggling to deliver the shoulders; he then proceeded to make an emergency crash call for shoulder dystocia. This is when the baby’s head has been born but one of the shoulders becomes stuck behind the mother's pubic bone, delaying the birth of the baby's body. The bed was laid flat and LKJ’s legs were pulled back and after some strong pulling LZF was delivered.
Regrettably, excessive and inappropriate traction was applied to LZF’s head when attempting to deliver LZF after he suffered shoulder dystocia at birth.
LZF was born in poor condition, he was silent, struggling to breathe and needed resuscitation where he cried on stimulation.
The use of such traction to affect delivery after shoulder dystocia was diagnosed was contrary to the well-established principles and techniques for the management of shoulder dystocia at the time.
What impact has this had on LZF’s life?
Following the delivery, LZF’s left arm/shoulder was weaker than his right and he was diagnosed with Erb’s Palsy. He had minimal wrist, elbow and shoulder movement and underwent surgery at four months old.
LZF has been left with reduced growth, contractures and a reduced range of movement and strength in his left upper limb. This affects his ability to use his left upper limb normally and he requires ongoing regular assessments from physiotherapists and his treating peripheral nerve surgeons.
How did Irwin Mitchell help LZF?
LKJ and LZF’s father (PXD) got in contact with our medical negligence team and LZF’s case was handled by Georgie Cushing and Elaine Farr, solicitors in our London office.
The case was investigated, and the team secured an early, pre-action admission of liability from the Defendant Trust. The Trust confirmed inappropriate traction was the cause of his injury.
Following this admission, judgment was entered formally at Court. An interim payment on account of his compensation was secured to assist with ongoing costs relating to LZF’s injury whilst the claim was being quantified.
The team proceeded to quantify LZF’s claim and served evidence from a peripheral nerve surgeon, care/occupational therapy expert and physiotherapy expert confirming the value of the claim.
A settlement of £1.1 million was then negotiated at a settlement meeting to help fund the costs of care and rehabilitation to improve LZF’s quality of life.
If you, or a loved one, has been affected by medical negligence, then please get in touch as we may be able to help you make a claim. You can call us on 0370 1500 100, or fill in our contact form and we will call you back.
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