Testament to our national reputation of winning cases and securing maximum compensation for our clinical negligence clients. Below is a list of our recent case wins.
TABLE OF CONTENTS
Cauda Equina Syndrome Compensation Claims Case Wins
Damages in excess of £1,000,000 for a lady who suffered a Spinal Injury
Simon Mansfield achieved an award of more than £1,000,000 for a lady in her 70s who suffered a penetrating injury to her spinal cord during the siting of an epidural anaesthesia.
As a result of the injury the Client was left with virtually complete paralysis of the left leg, associated with bi-lateral lower limb sensory impairment, neuropathic pain and disturbance of bladder and bowel function.
After securing an admission of liability from the Defendant Simon was able to obtain interim payments that enabled the client to adapt her property so that it was suitable for her disability and implement a care package that meant that she had the support she needed to live as full a life as possible.
The Client now lives in a fully adapted property close to her family with guaranteed payments for life to cover her care and treatment needs.
Damages of £1,200,000 for a lady who suffered from a Cauda Equina injury
Simon Mansfield and Clair Hemming working together achieved and award of more than £1,200,000 for an elderly lady who suffered from a severe cauda equina injury as a result of a negligent failure to assess her when she attended a North Devon Hospital complaining of severe back pain.
As a result of the injury the client suffered from a complete loss of bladder and bowel control, neuropathic pain and extremely limited mobility. She had bilateral foot drop and was largely wheelchair bound but able to transfer with assistance. As a result of her injuries she required assistance with personal care, mobilising and virtually all aspects of day to day life 24 hours a day.
Following an admission of liability, interim payments were secured which enabled the client to adapt her property and move back into her home with the support that she received.
S v Various GP’s - £664,000
In this claim conducted by Endurance Arthur, our client had a complicated history of pre-existing back problems, minor incontinence, mobility issues, and pain. She underwent successful surgery to decompress a slipped disc, but, months later, when she suffered disc problems again, her GPs failed to heed warning signs of a Cauda Equina syndrome. In the course of the claim, it was established that their failures led to a delay in surgery to decompress the affected nerves. The result of their negligence was a worsening of her incontinence and pain, severely restricted mobility, exacerbation of pre-existing mental health issues and new problems involving sexual and bowel function.
Liability remained in dispute throughout, with the Defendant fiercely defending the claim alleging that the Claimant was exaggerating her symptoms.
The claim was settled out of court for approximately £664,000 3 weeks before trial.
TS v Betsi Cadwaladr University Health Board & The Walton Centre NHS Trust
Clair Hemming acted for T who suffered nerve damage as a result of a failure to diagnose and treat compression of the cauda equina caused by a prolapse disc in the spine. The Claimant was left with loss of sensation in saddle area, loss of sensation/weakness in the right lower limbs and neuropathic pain, mobility problems and bladder dysfunction.
The Claimant was admitted as a patient to a District Hospital who sought advice from a Spinal Unit who were their agreed emergency spinal tertiary referral centre. A delay in performing an MRI to confirm the suspected diagnosis led to a delay of 24 hours in transfer to the Spinal Unit and microsurgery.
Breach of duty was admitted by both Defendants but causation was denied and remained in dispute throughout. Clair Hemming negotiated a 6 figure joint settlement with the Defendants.
Get Cauda Equina Claims Support
Cerebral Palsy Compensation Claims Case Wins
JKM v Northern Devon Healthcare NHS Trust - £19.9m
Endurance Arthur achieved an award of £19,919,380.00 for JKM, a 9 year old girl, after negligent care during her birth at North Devon District Hospital left her with severe brain damage and a reduced life expectancy. Her injury affects all four limbs and her speech, swallowing and eating. She cannot walk but can scoot around on the floor and stand briefly with support. She needs 24 hour care and assistance but her intellect is preserved and she is keen to communicate with those around her. As she uses signing, which is only understood by a few who are very close to her, she often struggles to make herself understood and she is keenly aware of the differences between herself and others
As well as helping to overcome the physical impact of her injuries, a major concern in quantifying the claim was to improve her means of communication, her learning opportunities and to provide psychological input to help her come to terms with her plight.
The substantial award will provide security for life in terms of her future care, therapy and equipment needs. It also provides maximum opportunities for RXH to fulfil her potential despite the devastating injuries she suffered during her birth.
This story has also been reported on by Devon Live.
CDE v Northern Devon Healthcare NHS Trust - £17.8m
Clair Hemming and Michelle Beckett acted for the girl who was born at North Devon District Hospital in Barnstaple. During the latter stages of her mother’s labour, the midwifery staff failed to appreciate signs that the baby was in distress, and to act accordingly by calling for urgent medical help to expedite the delivery. By the time the baby girl was born she had been deprived of oxygen (hypoxia) causing severe brain damage. The Trust admitted negligence when formal allegations were put to them by Tozers.
The girl suffers from cerebral palsy, and has wide ranging, physical and mental disabilities which will require life long, round the clock support to enable her to live as normal and fulfilling life as is possible. Having undertaken the complex task of investigating the extent of her disabilities and assessing her lifelong needs to assess the compensation she needed to pay for such, negotiations began between lawyers for the Trust and the Claimant’s legal team, and an agreement was reached with the Trust whereby a lump sum would be paid in damages together with index linked annual payments over her lifetime.
At the Court hearing to approve the settlement the Judge, Mr Justice Johnson described her as a "an extremely determined girl" who leads a very active life, much of it outdoors. Her academic achievements and "lovely personality" were a tribute to her "amazing" parents, who had given her "an outstanding level of care.” They could, he added, now rest assured that there will always be sufficient funds in place to pay for all the care and support she needs.
The judge concluded: "Teenage daughters don't always show appreciation for their parents, but I have no doubt that she realises just how lucky she is to have them."
The final settlement of the teenage girl's claim has a capitalised value of around £17.8 million.
This story has also been reported on by Devon Live.
TXS v Northern Devon Healthcare NHS Trust - £8.17 million
An out of court agreement was reached on a settlement of £8.17 million for a child from North Devon just weeks before trial. Endurance Arthur acted for the young child who sustained one of the most severe cases of brain damage resulting from mistakes during labour. The child only just survived after being deprived of oxygen during and after birth until proper resuscitation took place. The child has been left with profound injuries and a severely shortened life. As a consequence of the settlement, a property was bought for adaptation to suit the child’s needs. A case manager was then appointed to help the family to access essential equipment and therapies for the child’s benefit. Carers were also employed to help look after the child.
This story has also been reported on by Devon Live.
TXT v Hillingdon Hospitals NHS Trust – £14.5 million
Shoulder dystocia occurred during Y’s birth in 1997. It was alleged that this was mismanaged by midwifery staff who caused trauma to brachial plexus and delay in delivering leading to a brain haemorrhage and scarring which affected cognitive function.
A compromise was agreed with the Defendant that they accept liability for injury on a 75% basis. Proceedings were stayed for a number of years to allow the then 12-year-old boy to mature to accurately assess the implications of the subtle brain damage. An interim payment enabled a rehabilitation and support package to be put in place. Investigations were resurrected in 2018 and included extensive neuropsychological and psychiatric assessment given the complex behavioural problems and anxieties which hindered rehabilitation, independence and capacity.
Clair Hemming acted on behalf of Y in what was a highly unusual/unprecedented case. A settlement was negotiated with the Defendant who accepted that the Claimant who had a full life expectancy, would require 24-hour support (including waking night care), would never work and would require a Deputy for life.
Damages were agreed at £14.5 million representing 75% of £19.3 million.
Errors during birth led to damages of £6.5m
Child H was left with Cerebral palsy and significant brain damage as a result of the mismanagement of her birth at the Princess of Wales Hospital, Bridgend.
After an extensive legal battle, the hospital’s solicitor admitted that the hospital had managed the birth negligently leaving Child H suffering from significant and lifelong brain damage – she is unable to walk unaided, talk or feed herself and she will in addition, require 24 hours care and assistance for the rest of her life. The award the clinical negligence partners negotiated was made up of a significant lump sum payment as well as tax free annual payments for life, which will cover the cost of providing additional nursing care, equipment and various therapies. This settlement, known as a structured settlement, equates to a lump sum of £6.5 million.
Substandard cardiac surgery at Bristol Royal Infirmary leads to damages of over £3.85 million
Endurance Arthur, Partner, was instructed by the parents of a 19 year old man (B) after negligent heart surgery left him with severe brain damage, epilepsy, severe behavioural problems and autistic traits; he also has a significantly reduced life expectancy.
B underwent surgery to correct a heart defect at Bristol Royal Infirmary in 1992. As part of his case it was argued on B’s behalf that he was denied the better operation for his condition because Bristol had such poor results for it. When the less optimum operation was eventually carried out, it was done incompetently and exposed B to brain damage. However, whilst Bristol conceded that surgery was done in a substandard manner, it argued that the resulting damage was not the type it would have expected to see as a result of the negligence. Endurance secured an award of compensation totalling more than £3.85 million, comprising a lump sum of £1m and annual payments for the rest of his life.
£2.9 Million Settlement for 13 year Old Girl Who Suffered Severe Rather Than Mild or Moderate Cerebral Palsy
A team here led by Endurance Arthur achieved an award of damages of roughly £2.9 million for a 13-year-old girl from Poole in Dorset earlier this year. It was an unusual case, in which the girl was delivered by Caesarean section after a critical fall in her heart rate about 30 minutes before her birth. She had no signs of life at birth and only recovered a heartbeat when fervent efforts to resuscitate her brought her back to life 25 minutes after her delivery. Meanwhile, her brain had been deprived of oxygen and the catastrophic damage to her brain resulted in cerebral palsy affecting all four limbs and almost all her bodily functions. She cannot walk or talk and has severe learning disabilities. Her life expectancy is reduced and she requires round the clock care.
The claim was extremely complicated and the legal team had to accept that at best, our client could have been delivered 10 mins earlier than she was. As such would have had mild or possibly moderate cerebral palsy in any case.
The Defendant denied blame throughout although the proceedings. The settlement compensated our client for the additional problems our client has because she suffered very severe and rather than mild or moderate cerebral palsy.
Get Cerebral Palsy Compensation Claims Support
Erb's Palsy Compensation Claims Cases
MXL -v- East Suffolk and North Essex NHS Foundation Trust (formerly Colchester Hospital University NHS Foundation Trust) – Settlement of £850,000 approved by the Court in February 2023
MXL was born in the Defendant’s hospital in 2004 and sustained a permanent injury to his right brachial plexus affecting his right arm and shoulder. This injury was later classified as a Narakas Group 1 injury.
Although liability was initially denied Stuart Bramley later secured a full admission from the Defendant following which the claim was issued and judgment entered. As the Claimant was just 4 years old at the time, it was not possible at this point to assess the impact that this injury would have on him over his lifetime. The Court therefore granted a stay in proceedings until 2020.
Just prior to the end of the stay medical reports were obtained from appropriate experts. A final condition and prognosis report was provided by an orthopaedic expert and reports were then obtained from experts in Care/Occupational Therapy and Physiotherapy to provide details of his past and future care and treatment needs.
Kate Stone took over conduct of the claim at this stage and, following analysis of the medical reports and discussions with the experts and the family, prepared a Schedule of Loss setting out the Claimant’s past and future losses for life. This was served on the Defendant.
Despite the stay coming to an end the parties were able to agree a timetable for the management of the claim without further recourse to the Court. The claim settled at a joint settlement meeting in September 2022 for a global sum of £850,000 and this settlement was approved by a Master at the Royal Courts of Justice in February 2023.
JYC v East Suffolk and North Essex NHS Foundation Trust – other factors impacting upon valuation – January 2023 - £920,000 (at 100%)
At the time of her birth in September 2009 JYC sustained a brachial plexus injury (Erb’s Palsy) to her left side. Following the issue of formal court proceedings, a liability compromise was agreed. This meant that JYC would ultimately have a reduction to her compensation when this was valued but it removed the risk of losing at Trial.
Investigations were then undertaken as to whether the time was right to value the claim. Following assessment by our experts, it was considered that JYC’s condition was sufficiently stable to predict the future. Fortunately, JYC’s injury was towards the milder end of severity however her recovery had not achieved as good a functional result as may have been expected. An additional factor in this claim was the psychological injury. As a result of her Erb’s Palsy injury, JYC had suffered psychologically and required treatment for this. However, it was acknowledged that JYC would have had some difficulties due to her exposure to psychosocial adversity and the fact that she displayed characteristics of dyslexia. These two factors were unrelated to her physical injury however careful consideration needed to be given to how this would have impacted upon her psychological prognosis and indeed career prospects in isolation. Michelle was able to work closely with her experts in this regard to plot out a realistic picture of how life would have looked both with and without the Erb’s Palsy injury. The case was subsequently settled for close to 7 figures (at full value) at a settlement meeting which represents an excellent result for JYC and it is hoped will enable her to harness the items/therapy and assistance she needs as a result of her injury.
SXX -v- University College London Hospitals NHS Foundation Trust settlement of £1.753 million – January 2023
Our client sustained a severe and permanent brachial plexus palsy in 2004 when there was a failure to manage a shoulder dystocia emergency appropriately during his birth. Following initial denials, liability was conceded after Endurance challenged the defendant’s response to pre-action allegations, before issuing formal proceedings.
The parties then agreed an informal timetable for quantum evidence to be obtained and exchanged ahead of a joint settlement meeting (JSM), whilst a formal directions hearing was awaited.
The claimant struggled with many activities of daily living and our investigation confirmed that there was a negative impact on his education, he lacked confidence. After steadfastly denying any psychological aspect of his injuries, the claimant agreed to see a child and adolescent psychiatrist, following assurances that the report would not be shared with his mother. The assessment confirmed psychological injuries which the claimant wanted to shield his mother from. Interim payments enabled private psychotherapy and physiotherapy to be accessed to assist the claimant in the course of the litigation.
A settlement was not possible at the JSM but the matter settled in January 2023 following exchanges of offers after the meeting.
X v Birmingham Hospital Trust – January 2023
This claim involved an adult Claimant with Erb’s palsy. Two firms of solicitors local to the Claimant had investigated the claim and advised that it couldn’t succeed. Nearly two decades later Tozers were approached, and Stuart Bramley was instructed. A claim was brought which included allegations that the mother should have been offered a Caesarean because her pelvis was too narrow to allow a natural birth to occur safely. At the Round Table Meeting a 6 figure sum of damages was secured, ensuring that the Claimant is now able to pay for the help, input and equipment that he needs, given his lifelong Erb’s palsy.
Y v London Hospital Trust - Success when there are no medical records – December 2022 - £950,000
Y was born in Defendant’s hospital in 2004 when he sustained a permanent injury to his left brachial plexus (Erb’s Palsy). The hospital advised that the medical records relating to Y’s delivery had been inadvertently destroyed. Michelle Beckett analysed the limited medical records obtained from other sources along with the witness evidence and the injury that Y sustained. Michelle contacted the Defendant Trust and highlighted the key evidence, persuading them they would have difficulty in defending the claim. Defendant made an early admission of liability.
We then went on to investigate the impact of the injury and the value of the claim and proceeded to a settlement meeting shortly before Y’s 18th birthday. As investigations ensured it was clear that Y may well have further treatment to his arm and although he was very bright and his career prospects were good would be at a disadvantage compared to his peers in the workplace. In addition, as we are now often seeing Y would benefit from treatment relating to the psychological effects of his injury. The settlement meeting was successful and an agreement was reached in principle settling the claim for £950,000.
An added complexity arose in this claim as, due to the approaching Trial and the availability of the parties the settlement meeting went ahead a month before Y’s 18th birthday. We then, therefore, had to deal with the practicalities issues arising upon Y becoming an adult.
What was clear from this case was that although Y experienced limitations and pain he and his family were extremely dedicated to his rehabilitation. We are pleased that we have secured Y compensation to enable him to access the care, therapy, treatment and equipment that he needs.
BFL ~v~ East Kent Hospitals University NHS Foundation Trust – November 2022
BFL sustained a left-sided Erb’s Palsy injury during her birth in 2015 with damage to her C5, C6, C7 and possibly T1 nerve roots.
Following the delivery BFL’s parents instructed Simon Mansfield to investigate the care provided to her and his mother. On review of the records relating to the birth, we identified two potential criticisms of the care provided.
Firstly, a failure to recognise when caring for BFL and her mother in this pregnancy that shoulder dystocia had been encountered during a previous delivery and accordingly to advise BFL’s mother of the risk of this happening again, and of the option of delivery by elective caesarean section.
Secondly, a failure to manage shoulder dystocia when encountered appropriately as (on the parent’s evidence) they were adamant that the McRoberts’ position was not adopted during attempts to overcome the emergency. Having experienced this procedure previously both parents were clear that instead of the McRoberts’ position being adopted mum was transferred straight to her all fours and BFL delivered with downward traction.
As success in relation to the second argument effectively required us to prove that the medical records relating to the delivery had been falsified, initially, a Letter of Claim was sent dealing with the first set of allegations alone. The Defendant initially however denied liability and argued that mum would have opted for a vaginal delivery even if advised of the risk. A further Letter of Claim was therefore then sent incorporating the second allegations.
After a long delay, the Defendant finally responded with a full admission of liability in their second Letter of Response. While they did not accept that the records relating to the shoulder dystocia had been falsified to include manoeuvres not undertaken, they did accept in retrospect that if antenatally the offer of delivery by caesarean section had been made, BFL’s mother would have proceeded with this in preference to a vaginal birth.
XBP ~v~ Ashford and St Peters Hospitals NHS Foundation Trust – September 2022
XBP sustained a severe Erb’s Palsy injury during his birth at the Defendant’s trust in 2017 with damage sustained to his C5, C6 and C7 nerve roots.
Following the delivery XBP’s parents instructed Simon Mansfield to investigate the care provided to him and his mother. On review of the medical records it was evident that there were two potentially serious failures in the management of the antenatal care provided to XBP and his mother.
Firstly, it was clear from the notes that he was measuring as a big baby (at the 90th percentile meaning that he was measuring bigger than 90% of all other babies at his gestation) and, in light of this, there should have been a decision with his patents about birth options and the possibility of delivery by caesarean section in view of the risk of shoulder dystocia.
Secondly, it was clear from the records that shoulder dystocia (when encountered) was not managed appropriately as no manoeuvres were undertaken to relieve the obstruction other than traction. Although mum was in the birthing pool at the time this was not in our view an excuse for a failure to follow the recognised protocols for the management of shoulder dystocia.
As our assessment was that XBP’s case was very strong, on receipt of the papers, a decision was made to write to the Defendants setting out our allegations of negligence in a Preliminary Letter of Claim, based upon our own assessment without expert evidence. The aim of this was to avoid unnecessary costs and achieve a speedy resolution.
Liability was admitted by the hospital in their Letter of Response and judgment has now been entered at Court with damages to be assessed when XBP is older and his prognosis more certain.
A v North Yorkshire Hospital Trust – September 2022
This claim involved a young girl with an obstetric brachial plexus palsy sustained after the Consultant who delivered her overcame shoulder dystocia by pulling on her head. The Consultant admitted his actions in an informal meeting with the parents but subsequently denied saying so once a legal claim arose. As the child is too young for a compensation figure to be agreed, we negotiated a settlement in relation to liability only at a joint settlement meeting with the Trust’s solicitors. Damages will be assessed when the child is older.
N’s claim – September 2022
Stuart Bramley acted for a young boy who suffered a brachial plexus injury. This is an injury to the nerves in the shoulder, sustained during delivery. During his mum’s pregnancy, it was recognised that he was a large baby which increased the risk generally during birth. Shoulder dystocia occurred, when the baby’s shoulder become stuck in the birth canal. As a result he sustained a significant nerve injury causing permanent disability. Supportive medical evidence was obtained and formal allegations of negligence were put to the Hospital, which were denied in full. Liability was denied by the Hospital Trust, however at a settlement meeting given the strength of the evidence gathered by Tozers, a liability settlement was agreed. There will now be a pause in the case given the age of the little boy, to ensure that the full extent of his injuries and the impact can be understood. Once he is old enough and a final prognosis is possible, Tozers will then be able to value his claim, and ensure he is provided with all of the aids, equipment, rehabilitation and care that he will require for the remainder of his life.
A v Poole Hospitals NHS Foundation Trust - May 2022
Tozers (Michelle Beckett) were instructed by the parents of child A, who was diagnosed with a brachial plexus injury 2 days following her birth at Poole Hospital in 2015.
The parents had made a complaint to the Trust and following an internal investigation the Trust had reported that the management of the birth was satisfactory. Having investigated the claim we concluded that there was evidence to suggest that midwifery care provided during the delivery was substandard. We raised this with the Trust informally, but they continued to maintain that they were not liable for A’s injury.
We issued Court proceedings and a formal Defence was filed by the Trust. Tozers (Clair Hemming) subsequently entered into negotiations with the Trust solicitors, and agreed a compromise with the Trust who ultimately agreed to accept liability for the injury. The compromise was approved at the Royal Courts of Justice in early May 2022. A is too young for there to be an assessment of damages and proceedings will therefore be stayed until she older.
XA v Medway NHS Foundation Trust - £1,400,000 compensation awarded - March 2022
Following his birth in 2002, XA was diagnosed with a brachial plexus injury (Erb’s Palsy) to his right side. Having been advised by a previous firm of solicitors that they would not win such a claim, XA’s parents approached Michelle Beckett who undertook extensive investigations. Following Michelle’s consideration of the medical records and speaking to the family about their recollections of XA’s birth, Michelle managed to achieve a full admission of liability from the Hospital where XA was delivered who also sent a formal letter of apology to XA.
Following receipt of the admission and apology, appropriate medical evidence was gathered in order to assess the impact of XA’s injury and value the claim. As investigations ensued it was clear that as well as XA having to cope with the physical aspect of his Erb’s palsy injury he was also suffering psychologically and would require treatment for the same. After significant work valuing the claim settlement was achieved at a mediation.
Despite XA’s limitations and pain, he remained extremely dedicated to his rehabilitation and determined to pursue his chosen manual career. The compensation will enable XA to afford the care, therapy, treatment and equipment that he requires throughout his life and enable XA to pursue his chosen career as long as possible.
P v East Suffolk and North Essex NHS Foundation Trust
A few days after she was born at Colchester Hospital in 2007 P was diagnosed with brachial plexus palsy (Erb’s Palsy). The parents asked the Trust to investigate. They had concerns about what had happened during the birth and the fact that P been discharged home without any advice or follow up. The Trust investigated and advised that the delivery was straightforward. They said that shoulder dystocia (usually associated with brachial plexus injury) had not occurred. The parents instructed Clair Hemming of Tozers to investigate the claim. When allegations were put to them formally, the Trust continued to dispute that they were responsible for the injury. Court proceedings were issued, and the case was listed for Trial. Following negotiations in December 2021 a liability settlement was agreed.
On 17 February 2022 the parties attended the Royal Courts of Justice and approval of the settlement was given. Damages will now need to be assessed to ensure that P is compensated for her injury.
TXX v Mid Cheshire Hospitals NHS Foundation Trust – Admission of liability - June 2021
T was born at Leighton hospital in 2013 and was diagnosed with a brachial plexus palsy to his right side. Clair Hemming was instructed to investigate a potential claim by his parents. Following extensive investigations, formal allegations were put to the Defendant Trust in 2020 by Tozers. The Trust had previously denied that they were responsible for causing T’s injury when his parent had asked for an explanation following his birth.
However after instructing their own solicitors and formally investigating the claim, the Trust then responded to the allegations in June 2021 by admitting liability and offering an apology.
TXX is too young to assess his compensation award and his claim will now be stayed for a number of years.
AXA v University Hospitals of Leicester – £965,000 – September 2021
In 2020 Kate Stone achieved a full admission of liability from University Hospitals of Leicester for her adult client who suffered a brachial plexus injury (Erb's Palsy) at his birth at Leicester General Hospital in 2001.
As this client was at an age when a final prognosis was possible, appropriate medical evidence was gathered in order to assess the extent to which the injury will affect him throughout his life. His past and future losses were then quantified and a negotiated settlement was achieved in September 2021 without the need to issue court proceedings.
Our client will now be able to complete his degree course and move on with his life in the knowledge that his future care needs will be met. This is particularly pleasing given that his parents had previously been advised by other solicitors that they would not be able to proceed with the claim.
SXX – Admission of Liability - July 2020
Although the majority of Erb’s palsies involve the baby’s shoulder becoming stuck behind the mother’s pubic bone after the head is delivered, Erb’s can be caused in other ways during a birth. Stuart Bramley has secured an admission of liability from one hospital where the mother was wrongly allowed to proceed to a vaginal birth although the baby was both very premature and in the breech position. The body passed through the cervix but the head then became impacted. When this occurred, the head was eventually freed by what the parents saw as forceful traction on both arms. SXX now has a bilateral Erb’s, leaving her with a number of challenges throughout life. After extensive investigations and service of a Letter of Claim, the hospital accepted liability. When SXX is older the value of her claim will be assessed.
AXC v The University Hospitals of Derby and Burton NHS Foundation Trust – August 2020
Kate Stone achieved a full admission of liability from University Hospitals of Derby and Burton NHS Foundation Trust for her child client prior to the issue of court proceedings. Her client was born in 2008 at Queens Hospital, Burton on Trent. He suffered a severe group 3 brachial plexus injury at birth and to date has undergone four operative procedures. He has a permanent disability as a result of his injury and will be significantly disabled in activities of daily life in the future.
The next step in this claim will be to gather appropriate medical evidence in order to assess the extent to which both the physical and psychological aspects of the injury will affect him throughout his life in order to quantify his past and future losses
FXB v Betsi Cadwalladr Local Health Board – £800,000 damages – November 2020
Kate Stone negotiated a settlement for a boy who suffered a brachial plexus injury when the shoulder dystocia which arose during his delivery at Bangor General Hospital in 2004, was inappropriately handled. An agreement reached between the parties as to liability settlement had previously been approved by the court. After quantifying the claim with extensive expert evidence, the claim then reached a final settlement at a round table meeting when a settlement figure of £1 million was agreed which was reduced by 20% to reflect the earlier liability settlement. This settlement was approved by the Court in November 2020.
CXB – admission of liability
In early 2021 Stuart Bramley secured an admission of negligence from the Ipswich Hospital where our client CXB was born. On the day of delivery the maternity unit was busy and so a Community midwife was called in to help the hospital midwifery staff. The parent’s witness statements as to actions and comments made by the midwife were key in highlighting that she was not competent in managing the shoulder dystocia which occurred. Although the Trust disputed the parent’s account, when a Letter of Claim highlighting these errors was served, negligence was admitted. Quantum will be assessed when CXB is old enough for condition to have stabilised and a firm prognosis to be given.
BXB – £1 million damages – March 2021
Kate Stone having reached a negotiated settlement in respect of liability in February 2020 went on to reach settlement of just over £1,125,000 (reduced by 15% to reflect the previously agreed liability split) for her 24-year-old client who suffered a brachial plexus injury at birth at a Welsh Hospital.
This was a claim which Tozers took over from a less experienced firm. Establishing liability in this matter was tricky due to the length of time since the birth in 1997. Once a liability compromise was agreed the issue of quantum was also vexed as the client suffered from significant multifactorial psychological issues. The two expert psychiatrists were poles apart in their opinions. However, after extensive work valuing the claim, settlement was achieved during negotiation at a round table meeting and the client is now able to fund appropriate treatment and training and is looking to work towards a qualification to enable her to take up her dream job.
SXX – Admission of Liability - July 2020
Although the majority of Erb’s palsies involve the baby’s shoulder becoming stuck behind the mother’s pubic bone after the head is delivered, Erb’s can be caused in other ways during a birth. Stuart Bramley has secured an admission of liability from one hospital where the mother was wrongly allowed to proceed to a vaginal birth although the baby was both very premature and in the breech position. The body passed through the cervix but the head then became impacted. When this occurred, the head was eventually freed by what the parents saw as forceful traction on both arms. SXX now has a bilateral Erb’s, leaving her with a number of challenges throughout life. After extensive investigations and service of a Letter of Claim, the hospital accepted liability. When SXX is older the value of her claim will be assessed.
CXB – admission of liability
In early 2021 Stuart Bramley secured an admission of negligence from the Ipswich Hospital where our client CXB was born. On the day of delivery the maternity unit was busy and so a Community midwife was called in to help the hospital midwifery staff. The parent’s witness statements as to actions and comments made by the midwife were key in highlighting that she was not competent in managing the shoulder dystocia which occurred. Although the Trust disputed the parent’s account, when a Letter of Claim highlighting these errors was served, negligence was admitted. Quantum will be assessed when CXB is old enough for condition to have stabilised and a firm prognosis to be given.
XY - £750,000 damages
In late 2020 Stuart Bramley secured £750,000 for a client with Erb’s palsy. The birth hospital involved denied fault for some time but a deal was eventually reached, leaving the Claimant able to afford sufficient care, input and equipment throughout life to address the limitations created by the injury.
AXA v East Suffold and North Essex NHS Foundation Trust – June 2020
Stuart Bramley recently brokered a settlement on a claim which the Defendants had fought hard, with no admissions at all, for some years. The Claimant has suffered Erb’s palsy as a result of her delivery in 2009 and although the opponents had served both a Letter of Response and a Defence denying all fault, when the parties were preparing for a trial in early 2021, a deal was eventually struck allowing the girl a sizeable percentage of liability. This guarantees that she has won her claim and will be entitled to compensation once the parties have valued the case.
BXB v Betsi Cadwaladr University Health Board – February 2020
Kate Stone reached a negotiated settlement in respect of liability for her adult client following issue of court proceedings. Her client was born in 1997 at Glan Clwyd Hospital in Wales, which comes under the Betsi Cadwaladr University Health Board. Judgment has now been entered for the brachial plexus injury. This client is now at an age when a final prognosis is possible so the focus is now on gathering appropriate medical evidence in order to assess the extent to which this injury will affect her throughout her life in order to quantify her past and future losses.
CXC v Nottingham University Hospitals NHS Foundation Trust – October 2019 - £550,000
Stuart Bramley and Michelle Beckett negotiated a settlement for a girl who suffered Erb’s Palsy when the shoulder dystocia which arose during her delivery was inappropriately handled.
This was an injury of some severity – rather than being stretched, as occurs in many instances of Erb’s, some of the cervical nerves had become severed as a result of the birth. Even after nerve grafting from elsewhere in the body, the child’s mobility remained limited and will remain so for life.
Tozers took over conduct of the claim after it had initially been handled by different law firm and following denials of negligence by the Defendant NHS Trust, we needed to issue proceedings at court to secure justice for the Claimant. Evidence was exchanged and it was not until a trial date had been set that the opponents proposed a Joint Settlement Meeting, at which £550,000 was agreed to be paid which will help the girl to overcome the challenges posed by her medical condition. Compensation agreed included care, physiotherapy, equipment, disadvantage on the labour market and help with household tasks. There was no formal admission of liability by the Trust.
ZYX v York Teaching Hospitals NHS Foundation Trust – August 2019 - £550,000
Clair Hemming took over this claim from another firm of solicitors. The Claimant had Erb’s Palsy from birth in 2006 at Scarborough Hospital. Despite remedial surgery and extensive physiotherapy she had been left with reduced range of movement. This claim was fiercely defended by the Trust who argued that the birth, which had been complicated by shoulder dystocia, had been managed with reasonable care. Negotiations were very protracted as the parties were significantly apart in terms of their assessment of the evidence and what would be appropriate compensation should a finding be made for the Claimant. Finally, the case was settled just a few weeks before it was due to go to Trial for the sum of £550,000 without a formal admission of liability.
DXD v Northern Devon Healthcare NHS Trust – July 2019 - £900,000
Kate Stone took over the claim from another firm of solicitors. The Hospital Trust had already admitted negligence in managing the child’s delivery in 2009 at North Devon District Hospital in Barnstaple. The question of quantum was, however, a very vexed issue.
In addition to her Erb’s palsy, the Claimant also suffered from another condition which is progressive in nature and unrelated to the negligence. The medical evidence obtained in relation to this condition was that the extent and rate of any degeneration was unknown and very variable from patient to patient. The Defendant expert presented a gloomy picture that her mobility was likely to be affected such that she would require walking aids as early as in her thirties. This would obviously impact upon the value of the claim in relation to future losses to include her future care needs and working capacity.
In addition, she developed an extreme and unusual psychological reaction to the injury such that she had become socially isolated and suffered panic attacks.
Despite our client’s mother seeking appropriate help for her daughter’s psychological issues both from her GP and the school, such help was refused on the basis that her daughter did not meet the appropriate thresholds. In the context of the claim, however, we were able to secure funding for timely treatment and after a shaky start her mother reported that she was responding very well to the counselling and that she had noticed a marked improvement in her daughter’s attitude to her injury and that she was generally much happier.
We reached settlement with the Defendant for a sum just shy of £900,000 at a joint settlement meeting.
EXE v Liverpool Womens NHS Foundation Trust - June 2019
Kate Stone achieved a full admission of liability from Liverpool Women’s NHS Foundation Trust for the brachial plexus injury her client sustained at birth. Her client was born in 2016 and sustained an Erb’s Palsy injury, Narakas Grade III. As she is still so young a final prognosis at this stage is not possible. Court proceedings have been stayed until she reaches puberty when the full extent of the injury will be known. Her parents can now concentrate on her care rather than the claim, safe in the knowledge that she will, in time, be fully compensated for all her past and future losses.
TXT v Hillingdon Hospitals NHS Trust – April 2019 - £14.5 million
Shoulder dystocia occurred during T’s birth in 1997. It was alleged that this was mismanaged by midwifery staff who caused trauma to brachial plexus and a delay in delivering leading to a brain haemorrhage and scarring which affected cognitive function.
A compromise was agreed with the Defendant that they accept liability for injury on a 75% basis. Proceedings were stayed for a number of years to allow the then 12-year-old boy to mature to accurately assess the implications of the subtle brain damage. An interim payment enabled a rehabilitation and support package to be put in place. Investigations were resurrected in 2018 and included extensive neuropsychological and psychiatric assessment given the complex behavioural problems and anxieties which hindered rehabilitation, independence and capacity.
Clair Hemming acted on behalf of T in what was a highly unusual/unprecedented case. A settlement was negotiated with the Defendant who accepted that the Claimant who had a full life expectancy, would require 24-hour support (including waking night care), would never work and would require a Deputy for life.
Damages were agreed at £14.5 million representing 75% of £19.3 million.
CDE – Missing medical records - December 2018 - £1,326,000
Endurance Arthur acted for a 23 year old client with a severe Obstetric Brachial Plexus Palsy who recovered £1.326 million in damages. The case had a shaky start because the records needed to prove the mistakes made during the birth had been lost by the hospital and never materialised. Nonetheless, a strong case was put together which eventually forced the Defendant Trust to admit liability. As well as severe physical limitations associated with a group 3 injury, the client suffered depression and other psychological problems as a result of the negligence. In settling the claim, we acknowledged that our client is a determined individual who will find a way to succeed in life, although her condition may force her to retire early. The settlement was split into a lump sum and annual payments for life – possibly a first of this kind at the time for an Erb’s claimant.
PXP – September 2018 - £1,350,000
Simon Mansfield achieved an award of £1,350,000 for a 22 year old young man who suffered a Group II Erb’s Palsy injury during his birth in 1996.
The client’s mother had originally instructed previous solicitors who advised that he didn’t have a claim but approached Tozers for a second opinion when the extent of the problems he had as a result of his Erb’s Palsy became apparent as he grew up. On receiving instructions it was immediately clear that the Client had a strong case and we went on to secure an admission of liability from the Defendant without needing to obtain full expert evidence.
After securing the admission of liability, detailed quantum investigations were undertaken and settlement was achieved at a round table meeting in 2018 with an estimated £600,000 recovered for the Client’s likely future loss of earnings and pension.
KXK v The Royal Berkshire NHS Foundation Trust – January 2018 - £750,000
K was born at the Royal Berkshire Hospital in 2007. Being a large baby, she became stuck during delivery (shoulder dystocia), and her brachial plexus was injured by the doctor who delivered her. Although initially defending the claim once proceedings were issued and the evidence exchanged, the Trust indicated that they wanted to negotiate rather than go to Trial. The assessment of damages was put on hold for 2 years as K was too young to accurately assess the impact of her injury. In addition to her Erb’s Palsy K had been diagnosed with ADHD.
Once the case resumed having obtained extensive expert evidence and undertaking the necessary investigations, Clair Hemming participated in a mediation with the Trust and reached a settlement in the sum of £750,000, which will be held and invested in Court until the Claimant is 18 years of age.
BXX - December 2017 - £950,000
BXX sustained a severe group 2 brachial plexus palsy affecting nerves C5, C6 and C7 during her birth at Queen Mary Hospital in 2003. She alleged that the defendant failed to warn her mother of the risk of shoulder dystocia during her delivery denying her mother the option of a delivery by Caesarean section. It was accepted that a Caesarean section would have avoided the injury. Liability was admitted in the claim but as there was a risk of deterioration in the Claimant’s function until she reached skeletal maturity, the claim was stayed on several occasions. The claim was quantified when the girl was 14 years, and Endurance Arthur negotiated a settlement for £950,000.
GXX - September 2016 - £1,250,000
Simon Mansfield secured damages of £1,250,000 for a client who suffered a Group II – III Erb’s Palsy injury as a result of admitted negligence during birth in 1996.
This case was unusual as although initially recovery was good and they did not require surgery, the client went on to develop significant pain in the shoulder and subsequently had to undergo 7 operations over the course of 8 years in an effort to relieve the pain.
Whilst these would produce some improvement, each time the pain returned with the medical evidence from pain management specialists indicating that the client was likely to suffer from periods of severe pain for the remainder of their life.
At a settlement meeting in 2016, Simon was able to secure damages of £1,250,000 for the client to secure their financial future and ensure that they had funds for the anticipated support they needed.
MXM - December 2016 - £550,000
One month before trial, Endurance Arthur settled a claim for a 17 year old girl who sustained a group 2 brachial plexus palsy injury during her delivery. The defendant Trust was still contesting liability but a settlement of £550,000 was reached and approved by the court. The client was very bright and determined. Despite her physical limitations and the pain she experienced during these activities, she played the piano and violin to a high standard and she rode horses. She eventually fulfilled her life’s ambition and was accepted to train as a commercial airline pilot. There are many uncertainties as to whether she will qualify and work as a pilot. At the time of settlement it was acknowledged that she would succeed in whatever career path she took, so her loss of earnings claim was limited.
Get Erb's Palsy Claims Support
Find out how we can help you
We're ready to help you make your medical negligence compensation claim today. Contact our specialist solicitors for a free initial chat about your situation and find out how you can get started. Use our online enquiry form or call our specialist team on 01392 937 278.