Covid-19 Update: We are continuing to provide our usual services whilst maintaining the safety of clients and colleagues. Read our latest update here.

Complete the form below to ask us a question or make an enquiry. We’ll get back to you via phone or email as soon as possible.

Insights

Proud to support Erb’s Palsy Awareness Week – Tom’s story

Posted on 26th October 2018 in Medical Negligence

Posted by

Simon Mansfield

Partner and Solicitor
Proud to support Erb’s Palsy Awareness Week – Tom’s story

Not just a physical injury

Tom sustained a severe Group II obstetric brachial plexus injury with damage to his C5, C6 and C7 nerves following shoulder dystocia during his birth in 1996. Although Tom’s mother sought to bring a claim in the 1990s she was advised at the time that the case did not have prospects of success. Tom subsequently sought legal representation again in his late teens on realising that his injury was going to have a significant impact on his life.

ERBS logo

Tom underwent 2 separate surgical procedures in an effort to repair nerve damage and improve function. Despite this, as a result of his injuries, he still had significant limitations in the movement of the left arm and shoulder joint as a result of the nerve damage sustained. Tomalso suffered from pain on walking in his legs as a consequence of the scarring arising from the nerve grafts taken.

For many years Tomcoped well with his injury and he performed well at school. However, with the transition from GCSE to A-level, he went from a potential Oxbridge candidate to leaving school with a C and two Ds at A-level. It was only through investigations associated with his case that it was identified that Tomhad been struggling psychologically for some time and that he had developed major depression. It was also established that although Tomhad grades sufficient to still study at university he chose not to do so because he did not feel that he could cope, living in student accommodation, away from the family home.

On leaving school Tomwent to college with a hope of become a qualified welder but these attempts were also thwarted by his injury and the limited movement in his injured arm.

Tomis currently still unemployed but now looking to get work in the theatre. He was also recently able to settle his damages claim for £1,350,000 with approximately £600,000 being recovered to reflect his past and future lost earnings.

Whilst the decision making in every claim is unique, Tom’s case demonstrates the importance of considering the potential psychological consequences of an Erb’s Palsy injury and the need for careful decision making when it comes to the timing of the settlement.

Had the case settled when Tomwas much younger, then these issues would probably not have come to light and it is doubtful whether he would have recovered such substantial sums to reflect his lost earnings.

Tozers are the leading medical negligence solicitors in the country in Erb’s Palsy claims having conducted over 260 claims in the last 20 years.

Company & Industry

Related Insights

Insights

Who to appoint as a trustee

Posted on 16th April 2021 in Later Life Planning

There are many reasons why an individual may establish a trust, whether this is created in a person’s Will to protect assets or during a person’s lifetime.

Posted by

Gráinne Staunton

Partner and Solicitor
Insights

Updated guidance on trustee meetings from the Charity Commission

Posted on 14th April 2021 in Charities and Social Enterprise, Coronavirus Pandemic

Following the lapse of the emergency measures introduced by the Corporate Insolvency and Governance Act 2020, the Charity Commission has issued updated guidance explaining their approach to charities who are experiencing difficulties holding face to face meetings as a result of the ongoing Coronavirus restrictions.

Posted by

Amy Laver

Associate and Solicitor