Nearly £3m secured for child with cerebral palsy after birth injury at Chelmsford hospital.

The key allegation involves informed consent and the fact that there was a failure to advise his mother, who is type 1 diabetic, of the risk of shoulder dystocia and give her the option of proceeding by way of an elective caesarean section, which would have been avoided our client’s injuries.

The client’s mother expressed concern about the need for an emergency caesarean section on 04.03.16 and requested an elective caesarean section on 11.03.16. The client’s large size was a key factor in assessing whether the risks of shoulder dystocia should have been discussed and whether an elective caesarean section should have been presented as a reasonable option. Had she been given the option of a caesarean section the client’s mother contended that she would have taken it and the client would have been born uninjured.

There was also a less significant claim based on the client’s Erb’s palsy being caused by the negligent use of downward traction during delivery. The client’s right arm symptoms attributable to the Erb’s palsy resolved within one or two years.

The client has mild dyskinetic cerebral palsy – GMFCS Level 1. He has some lower limb clumsiness/lack of co-ordination which renders him unable to run. He will always be able to walk and transfer but is likely to use a wheelchair for distance when older. Single level accommodation would be easier for the client. Upper limb fine motor skills/lack of co-ordination are the major physical deficits.

Our client is unlikely to be independent with all daily activities in the future and will require some supervision and support. He will require input from occupational therapists in the long term.

In terms of cognitive deficits he has mild learning difficulties but unlikely to have any executive/working memory issues on neuropsychological testing (recommended in three or four years). His autistic traits give rise to anxiety and social issues. His capacity for work will be adversely impacted by his fine motor issues in the upper limbs and potentially cognitive/learning difficulties.

It is unlikely that he will have capacity at the age of 18 for complex decisions/issues but this will require review at age 17. He is likely to make simple decisions with appropriate support. His symptoms are unlikely to improve and his life expectancy will be limited to around 70 years.

After working towards a trial on liability, the parties agreed to settle the claim following a RTSM in January 2025.

Settlement was reached in the sum of £2,965,350. A breakdown of the settlement can be estimated as follows:

• Breakdown of General Damages: Pain, suffering and loss of amenity: £200,000.
• Breakdown of Special Damages:
• Past losses £150,000.
• Future losses – Care, Assistance and Case Management £1,200,000; Loss of Earnings £500,000; Future Medical and Therapies £500,000; Future Equipment £100,000; Future Accommodation £100,000; Future Deputyship £215,000.