£575,000 Compensation for Child in Erb's Palsy Birth Injury Case

A Medical Negligence Claim Case Study - Client Situation

A baby was born with a birth injury due to his delivery being mismanaged. The complications arose as a result of shoulder dystocia – a slow advancement and delivery of the infant’s head, and the baby was born with severe loss of function in his right shoulder and arm.

This birth injury – diagnosed as a brachial plexus injury – affected the baby’s ability to function, and as he grew up, he struggled with manual activity. Furthermore, he suffered from an asymmetrical posture, as his right shoulder was lower than the left.

As a result, his progress at school was affected as he had problems with his written work and was limited in the sports activities he could undertake. The consequences of his birth injury also affected his mental health, as he became depressed at being unable to perform tasks that other boys his age had mastered.

His injuries were also likely to affect his future job prospects, and it was deemed unlikely that he’d be able to undertake any form of physical employment.

How We Helped

Our client’s Litigation Friend (a person appointed to make decisions in a Court case) approached our Medical Negligence Solicitors to make a claim against the Hospital Trust responsible for the child’s delivery.

We agreed to take on the case, as our Solicitors were confident they had a good chance of securing compensation and rehabilitation support for our client. As the full extent of his birth injuries couldn’t be ascertained straight away, we delayed the case until we could be sure of the extent to which his injuries would affect his life.

Independent orthopaedic experts were brought in to assess our client over a period of time, and they concluded that his injury was permanent.

We therefore calculated a compensation settlement that would reflect the severity of the medical negligence that had taken place, and which would ensure he would be able to access the care and support he would need for his entire life.The Hospital Trust admitted liability (fault) for his injuries and an agreement was reached out of Court. However, a Court did have to approve the compensation settlement, since at the age of 11, the client was still a minor.

The Outcome

After lengthy negotiations, our client was awarded a lump sum payment of £575,000 compensation, and he also received an Interim Payment to ensure his immediate financial needs were met before the case had settled.

The compensation he received should ensure he has a more secure future and can realise his full potential in life. The settlement also ensures our client has the means of accessing the assistance and equipment that he needs in every aspect of his life.

For additional case studies see Birth Injury Claims.

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