Birth injury at Hackney Hospital results in damages

Monday, 06 April 2009 00:00

The parents of a Romford girl left with a disabled right arm as a result of the management of her birth, has today attended court to finalise the long battle in her claim for compensation.

12 year old Child D was born at the Homerton Hospital in Hackney. During the delivery Child D's shoulders became stuck - an obstetric emergency known as shoulder dystocia. It was alleged on Child D's behalf that the staff did not employ the standard manoeuvres to overcome this problem and as a result Child D sustained Erb's Palsy, where the nerves supplying one shoulder, arm and hand become damaged from pulling on the head, often leading to a permanent disability with loss of function in the shoulder, arm and hand. In addition, both Child D's clavicles were fractured during the course of the birth.

Child D underwent surgery to try to improve her shoulder function but, although this gave her slightly greater abilities than before, she has been left with restricted use of her arm, meaning that normal every day activities are more difficult.

A legal claim for damages was brought and the circumstances of Child D's birth were investigated. Following negotiations between Child D's legal team comprising solicitor Stuart Bramley of Tozers LLP in Exeter with barrister Christopher Kemp, and the legal team for the hospital, an agreement was reached on a monetary settlement of £190,000, although liability for causing Child D's injury was not admitted. As is necessary in any legal claim involving a child, the settlement required the approval of the court and this was given today at the Royal Courts of Justice in London.

Child D's mother, expressed relief that the long battle is now over and the family can concentrate on giving their daughter the best possible chance in life. She explained that Child D tries to ignore her disability and vigorously pursue a number of activities. Mr Bramley commented: "Even though Tozers specialises in Erb's Palsy claims, it was particularly gratifying to have obtained this result for Child D and the award of damages will go some way towards helping her lead the fullest possible active life."