Geldards Successfully Recover Damages in Erb’s Palsy Case

Our medical negligence partner, Spencer Collier, was successful in obtaining £500,000 for a client who suffers with Erb’s palsy following negligent treatment.

Erb’s Palsy

The Claimant in this case (CC) was a child who was able to bring the claim via her mother and Litigation Friend against the Frimley Health NHS Foundation Trust.

The Claimant was born back in 2011 but there were several complications during the birth.

These complications during birth left the Claimant with damage to the nerves and brachial plexus of the left shoulder. These nerves provide movement and feeling to the arm and hand. Brachial plexus palsy is weakness or paralysis in parts of the arm as a result of significant injury to the brachial plexus, which can happen during childbirth. The most common type of brachial plexus palsy is called Erb’s palsy, and this is the condition the Claimant was diagnosed with following birth.

Expert evidence revealed that the serious damage caused to the brachial plexus of the anterior arm indicated that inappropriate traction was applied to the baby’s head, and that occurrence could not have happened without negligence.

As a consequence of the Defendant’s negligence, permanent damage was caused to the Claimant’s left brachial plexus, resulting in the diagnosis of Erb’s Palsy, and the Claimant has suffered significant pain, injury, loss and damage. The Defendant Trust had admitted liability.

Compensation

The proceedings in this case were stayed, so that the parties could consider how the Claimant’s condition would develop over time. In particular, the stay was granted to determine whether the Claimant would undergo surgery to the affected area for functional and cosmetic reasons.

With the Claimant now approaching teenage years and following lengthy negotiations between the parties, a settlement agreement was reached in which the Claimant will receive a compensation payment of £500,000. This amount was approved by the Court at an Infant Approval Hearing and the majority will be held in the Court Funds Office until the Claimant attains the age of 18.

Our client’s family were delighted with the settlement and said:

“I really can’t thank you enough for all you have done for us, it’s more appreciated than you know.”

How we can help you

If you have been affected by issues at Frimley Health NHS Foundation Trust or any other hospitals and would like to speak with one of our medical negligence specialists, call us for a free consultation on 02920 391773 or contact Linda Williams by email at linda.williams@geldards.com.