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Home > Serious Physical Injury
Birth Injury Compensation Claim
Injury Sustained During Birth
T V South Buckinghamshire NHS Trust (2004)
Erb Palsy Claim
The claimant, an 8-year-old boy, received £250,000 for the left-sided Erb Palsy sustained during his birth in September 1995.
The claimant suffered from poor shoulder function and elbow flexion, which would have a severe effect on his future choice of career.
Claimant: Male: Newborn at date of accident; 8 years old at date of settlement
Clinical Negligence: On 28 September 1995, the claimant's mother (M) was admitted to the defendant's hospital to give birth to the claimant. She was approximately two weeks overdue. By 1.55am on 29 September 1995, the claimant's head was delivered but there was difficulty with his shoulders and an episiotomy was performed. Shoulder dystocia was recognised and the obstetric registrar and paediatrician were called to attend M, although they did not arrive until after the claimant had been delivered.
Negligent Hospital Care
The claimant sustained injury and brought an action against the defendant alleging that:
(i) it failed to apply supra pubic pressure;
(i) it failed to apply supra pubic pressure;
(ii) it failed to employ vaginal manipulation or shoulder rotation in accordance with the shoulder dystocia drill;
(iii) the nursing sister applied excessive force to deliver the claimant using traction in a downward direction, sufficient to cause severe nerve lesions;
(iv) the treating doctors failed to heed concerns previously stated to them by M that she believed the baby would be big and that she was small in height and build, therefore potentially affecting vaginal delivery;
(v) M should have been given the option of a caesarean section delivery which would have avoided the injuries sustained by the claimant; and
(vi) if the decision had been taken to proceed with natural child birth the labour notes should have had a clear warning that shoulder dystocia could occur and a qualified registrar should have been present during the delivery.
Liability admitted.
Severe Effect On Future Career
Injuries: The claimant sustained left-sided Erb's palsy during his birth.
Effects: As a result of the claimant's severe left-sided obstetric brachial plexus injury at C5, C6, C7 and C8, he required nerve graft and transfer surgery which took place on 17 January 1996. A tendon transfer to his elbow and wrist was also carried out in November 1999.
The claimant's consultant orthopaedic surgeon confirmed that although the claimant had regained some use of his shoulder, his elbow flexion was still poor and the functional deficits that he had would probably persist, having a severe affect on his future choice of career and leisure activities.
As a result of his injuries, the claimant had difficulty in raising his left hand above shoulder height. He needed assistance to wash his hair and cut his food and he had difficulty with closely fitting clothing and fastening shirt buttons. He would also need help to undertake certain household tasks in the future.
Prognosis: Reports by a care expert and physiotherapist confirmed that the claimant was likely to have ongoing needs as a result of his injury. An educational psychologist considered that the claimant would be unable to compensate for his serious disabilities by utilising his intellect.
A report from an educational psychologist stated that the claimant had a degree of emotional vulnerability and would require significant counselling as a result.
Out of Court Settlement (approved): £250,000 total damages.
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Birth Injury Compensation Award
Background to damages: The case was settled on a global basis with no particular breakdown of damages. However the following breakdown was estimated by the claimant's solicitor:
Breakdown of General Damages: Pain, suffering and loss of amenity: £40,000; Future care costs: £20,000; Future physiotherapy costs: £12,000; Future household expenses/equipment costs: £55,000; Future treatment costs: £4,000; Future loss of earnings: £77,000.
Breakdown of Special Damages: Past care costs: £12,000; Past physiotherapy: £20,000; Past interest: £10,000.
The claimant also submitted that he would be disadvantaged on the labour market, and that if he had not sustained injury at birth he would have achieved at least average manual earnings, based upon his family occupational background.
Out of Court Settlement 15/1/2004
LTLPI 16/4/2004 (Unreported elsewhere)
Document No.: AM0200588
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