Damages following injury to arm at birth

Monday, 02 March 2009 00:00

A 12 year old Southampton boy left with a severe disability in his right arm as a result of the mismanagement of his birth received the court's approval of a compensation settlement which has been agreed on his behalf.

During the birth of Child H at Princess Anne Hospital, Southampton, his right shoulder became stuck behind his mother's pubic bone after his head was delivered. It was admitted that the birth attendants at the hospital did not use the right manoeuvres to overcome the problem and as a result the nerves which make the muscles in his right shoulder, elbow, arm, wrist and hand work, were damaged. The condition is sometimes called Erb's Palsy. In Child H's case, experts agreed that despite eight operations to improve his condition, the injury is so severe as to make him effectively one-armed. Child H received compensation for, amongst other things, the fact that he will not be able to do most two-handed activities we take for granted nor to follow his father's footsteps and work in the building trade.

Following negotiations between Child H's legal team, solicitor Endurance Arthur of Tozers LLP, solicitors in Exeter and Miss Caroline Hallissey, barrister and the legal team for the hospital, an agreement was reached on a lump sum monetary settlement of £485,000. Today (Monday 2 March 2009) at the Royal Courts of Justice the settlement was approved. Endurance Arthur commented: "Even though Tozers specialise in Erb's Palsy claims, it was particularly gratifying to have obtained this result for Child H and the award of damages will go some way towards helping him lead the fullest possible active life."