Medical Negligence Lawyers Secure Settlement For Cleveland Woman Following Birth Injury

A young woman left permanently disabled after suffering a birth injury has spoken of her determination not to be defined by her condition. 

Ellie-Jayne Gunn’s left shoulder became stuck and had to be freed by medics during her birth at the then South Cleveland Hospital. 

At delivery Ellie-Jayne’s left arm was floppy. She was later diagnosed with Erb’s palsy - a type of paralysis caused when nerves in the arm become damaged.

During childhood Ellie-Jayne, of Redcar, Cleveland, underwent physiotherapy and surgery on her arm. Now aged 23, her left arm is shorter than her right arm and her left shoulder droops. She has restricted movement in her left arm, can’t rotate her wrist properly and finds lifting objects difficult. 

Ellie-Jayne asks medical negligence lawyers for help

She instructed expert medical negligence lawyers at Irwin Mitchell to investigate her care at the hospital, which is now The James Cook University Hospital.  During legal submissions to South Tees Hospitals NHS Foundation Trust, which runs the site, Irwin Mitchell argued hospital staff caused Ellie-Jayne’s injuries by using excessive and inappropriate force to her head and neck while her shoulder was stuck during delivery in May 1999. 

The Trust denied liability but agreed an out of court settlement with Ellie-Jayne which will fund the ongoing specialist support and therapies she requires for her condition. 

Cleveland woman supports Erb's Palsy Awareness Week

She is now using Erb’s Palsy Awareness Week to speak for the first time about the impact her disability has had on her life, how she overcame school bullies and how she wants to focus on the future. 

Birth injury: Ellie-Jayne Gunn's story

Expert Opinion

“Erb’s Palsy often results from medical staff using excessive force on a baby’s shoulder during birth, often making many everyday tasks, such as dressing, personal care and playing sports, difficult.

“The effect on people’s lives usually becomes more apparent as they get older and should never be downplayed.

“Ellie-Jayne and her family have faced an incredibly difficult time coming to terms with her diagnosis and the impact it’s had.

“We’re pleased to have secured her this settlement, which will help her access the specialist support she requires.

“It’s great to hear Ellie Jayne’s determination not to be defined by her condition and how she’s looking to the future so positively.

“Ellie-Jayne hopes that by sharing her story she can raise awareness of the support that’s available to those with Erb’s Palsy and inspire others.” Alexis Tulloch

Shortly after her diagnosis Ellie-Jayne started physiotherapy sessions. She also had surgery when three-years-old. 

Ellie-Jayne said she was bullied at school because of her condition. 

After finishing school she passed her A levels in biology, chemistry and maths before  studying for a biomedical sciences at York St John University, graduating with a 2:1. 

Ellie-Jayne is now working as a medical laboratory at a global chemical firm, testing and analysing chemicals

Ellie-Jayne's determination to look to the future

She said: “I’ve always struggled with my arm. My left shoulder droops and I have limited mobility in my left arm and wrist. I can’t raise my left arm above shoulder height, put it behind my back and my forearm requires support to properly turn my wrist.

“Growing up I struggled to do things such as dressing myself and was reliant on my Mum. However, I found ways to adapt and manage. 

“Throughout school I was often teased about my arm and during secondary school the bullying became worse. I tried to ignore it and not let it affect me but it was difficult. However, the counselling sessions helped me a lot. It changed how I saw bullies and how I could stand up for myself. 

“While going to university and living more independently had challenges it was something I wanted to do to test myself and for my development both academically and as a person. 

“Getting a job after graduating and a car to drive to work was a real boost for my confidence. 

“I’m really enjoying working within a laboratory environment. I’ve found my own ways of adapting to the expectations of a laboratory based role, ensuring that I speak up if I do struggle with a task rather than suffering in silence.

“I know I will continue to have challenges through my life but I feel I now have the confidence to face these.

“Erb’s palsy and how it affects people isn’t something that’s talked about too often and I feel there is still not that much understanding of it. I just hope that by speaking out I can help others with the condition and how they shouldn’t be defined by it.” 

Erb’s Palsy Awareness Week runs from 17-23 October. 

Find out more about our expertise in supporting people and families affected by birth injuries and other care issues at our dedicated medical negligence section. Alternatively to speak to an expert contact us or call 0370 1500 100.