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Posted 11 January 2018
by Endurance Arthur

Endurance Arthur achieves £950,000 award in Erb’s Palsy Case

The claim arose after hospital staff failed to follow the correct manoeuvres when attempting to overcome shoulder dystocia (an obstetric emergency when the baby’s shoulder gets stuck behind the mother’s pubic bone). Although the management of the shoulder dystocia caused a severe and permanent damage to X’s brachial plexus, the main allegations in the case related to delivery options. The hospital failed to advise the X’s mother about the risks involved in proceeding to a vaginal delivery when they were aware that shoulder dystocia had occurred during the delivery of the mother’s first child 2 years earlier. X succeeded in arguing that if her mother had been given appropriate advice and delivery options had been explored her mother would have chosen to deliver her by Caesarean section. A Caesarean section would have avoided the injury.

X suffered group II injury affecting her 5th, 6th and 7th Cervical nerves.  She had a shoulder relocation and anterior release at an early age.

Although liability was admitted early on in the claim, there was a risk of deterioration in X’s condition whilst she was growing so the claim was stayed until X reached skeletal maturity. Many offers to settle were received to settle the claim below the estimated value of the claim and these could not be accepted.  The settlement of £950,000 was reached following a meeting arranged with the Defendant’s lawyers.

Commenting on the outcome in the claim, Endurance Arthur said, “X is a lovely young person who is determined not to let her injury affect her life too much and it has been a pleasure to help her.  I am also pleased to have obtained a high out of court settlement for X so she and her family have been spared having to go through a trial and the considerable expense of a trial has also been avoided.”

If you require any assistance regarding a matter like this, then please do not hesitate to speak with our experienced team of medical negligence solicitors.

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About the author

Endurance Arthur

Partner and Solicitor

Partner and solicitor in the medical negligence department and a member of the Law Society's Clinical Negligence Panel