£3.5 million birth injury claim settlement secured for young client with Erb’s palsy and mild brain injury – the family perspective

When our client was born, her delivery was complicated by her shoulder becoming stuck; a complication known as shoulder dystocia. Unfortunately, the staff on duty at the time failed to undertake the necessary manoeuvres to free our client’s shoulder, partly because there were not enough staff present initially in order to do so.

As a result of our client’s shoulder becoming stuck, there was a delay in her delivery during which she suffered a brain injury. What’s more, the clinicians involved in her birth employed too much force when delivering our client (particularly in a downward direction) which meant she suffered a right sided brachial plexus injury, leaving her with Erb’s palsy.

The birth injury that our client suffered has left her with long-term disability in her right arm, with limited ability to rotate or extend her arm or wrist. Despite being right-side dominant, she has become left-handed as a result of her injuries.

The Erb’s palsy causing our client’s disability resulted in abnormal growth of her right arm too, meaning it is shorter and smaller than her left arm. As she grew up our client underwent multiple surgeries in order to allow for greater movement in her arm, leaving her with visible scars. All of this added up to a significant and permanent cosmetic defect, easily visible at a conversational distance.

Our client’s physical injuries have been compounded by the mild brain injury she suffered at birth. She finds it harder to process information as a result of the brain injury, which has affected her academic performance and ultimately her employment prospects. This was a complex part of the claim to prove and value, but it underpins the large amount of money awarded.

The Defendant Trust in the case, United Lincolnshire Hospitals NHS Trust, initially denied liability for our client’s injuries. Therefore, court proceedings were issued in 2019 and a split Trial was ordered to firstly decide if the Trust was liable for our client’s injuries. Two rounds of settlement meetings were held in the run up to trial, wherein our solicitors argued in relation to allegations that help was not summoned in a timely manner, the manoeuvres to release shoulder dystocia (McRoberts and suprapubic pressure) were not executed properly, and whether causation could be proven in relation to our client’s brain injury. Eventually liability was settled at 70%.

When it came to assessing the long-term impacts of our client’s injury and so how much compensation should be paid (quantum), our solicitors argued on a number of key issues including future care needs and what assistive technology might be required. Expert witnesses were instructed across neuropsychology, occupational therapy, care, orthopaedics, physiotherapy and assistive technology in order to understand our client’s future needs in detail. The functional impact of our client’s mild brain injury was contested by the Defendant, whose evidence differed greatly from that of our expert witnesses. Eventually however, settlement was reached in early 2024.

The settlement has provided support for our client for life, including psychological support and also money to recognise that it will take her longer to achieve her academic goals, and ultimately to allow her to work less hours to take account of the physical tiredness associated with her ongoing issues.

The money will also allow for future physio and other therapies.

Of particular importance to our client was to help her to manage her ability to achieve her potential in competitive horse riding.

Our client having financial independence, and a secure academic and working life, and being fully supported as she ages has given her family peace of mind. Her mum also describes how pursing the claim, and finding out about what happened to her and her daughter and why, has provided closure for them all.