Our client, a child from Kent, suffered an Erb’s palsy injury (i.e. an injury to the nerves in his neck) during his birth.
Despite undergoing various surgical procedures, and having numerous sessions of physiotherapy and hydrotherapy, he was left with weakness and pain in his right arm.
Those symptoms caused him to suffer a restriction in his level of function which impacted upon both his school and home life.
He will continue to suffer with restrictions upon his life in the future, particularly in terms of his choice of employment, and will require various care and equipment to assist him in his day to day life.
Having fully investigated matters surrounding his birth, it was alleged that his birth was mis-managed because: (i) fundal pressure was inappropriately applied (instead of suprapubic pressure); (ii) appropriate maternal positioning was not used; and (iii) traction was applied to his head excessively and/or without awaiting the next contraction.
Although the Defendant did not make any formal admission of negligence, shortly after Court proceedings were issued they made an initial offer to settle for £100,000.
Having obtained all necessary expert evidence a settlement meeting took place which resulted in agreement to settle the claim for £250,000. Such settlement was subsequently approved by the Court.
Alex Tengroth, who has conduct of the claim, commented:
“This represents a very good settlement for my client, which will allow him to obtain the necessary assistance he needs in adulthood and help him to cope with his ongoing disability.”