Funds Set To Provide Vital Support And Treatment Across The Rest Of His Life

A mum has called for lessons to be learned after lawyers secured a settlement for her son who has been left disabled following failings during his birth.

The boy was injured when staff at University of Wales Hospital in Cardiff decided to progress with a natural delivery rather than a caesarean when he became distressed in labour.

Following a number of tests the boy was diagnosed with Erb’s Palsy – a type of paralysis caused when nerves in the arm become damaged.

His mum instructed expert medical negligence lawyers at Irwin Mitchell to investigate his care under Cardiff and Vale University Health Board.

The Health Board admitted liability for the boy’s injuries. He has now received a £1.6 million settlement which has been approved by the High Court. The money will fund the specialist therapies and support the boy, who cannot be named for legal reasons, will require for the rest of his life.

Expert Opinion

“Sadly through our work we see the consequences families can be left to face as the result of a birth injury.

“Our client and his family have faced an incredibly difficult few years as they attempted to come to terms with what happened and how the boy’s injuries could have been avoided.

“While we are pleased to have secured the settlement, which we believe is the highest in the UK for this type of case and has been approved by the High Court, no amount of money can ever make up for the lifelong injuries our client has suffered.

“We hope that these funds will now provide some peace of mind so that the child will be able to access the care and support he requires to make the most of life.

“It is also vital that the NHS as a whole learn lessons from this case so that others don’t have to suffer like this boy.” Rosalie Reading - Senior Associate Solicitor

The youngster was seriously injured during his birth several years ago.

As well as his arm injury he also suffered swelling to his eye and face. As this healed it was also confirmed that he had Horner’s syndrome – which can cause a lazy eye.

As part of its case Irwin Mitchell argued that the boy would not have been injured if he had been delivered by caesarean section. The boy’s injuries were exacerbated when staff failed to properly manage the delivery when his head was delivered but one of his shoulders became stuck, called “shoulder dystocia”.

The boy has had a range of treatment and support already in his life, from physiotherapy and occupational therapy to several surgical procedures.

However, he continues to have limited movement in his left arm and limited grip. He also has poor balance and falls often. His experiences have also affected him psychologically, as he is increasingly becoming aware of his capabilities and how they differ to his peers.

The boy’s parents said: “Our son has shown incredible courage throughout his life. He is the most wonderful son we could have wished for. We are incredibly proud of everything he has been able to achieve so far often in the face of adversity.

“While nothing will ever change what we have all been through, this settlement at least means we can rest assured that he will always be supported and hopefully be able to get the best from life for many years to come.

“It remains difficult to think about how things could have been different if we had received better support. Our only hope now is that lessons have been learned so no one else faces the same issues. Patient safety must always come first.”

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