8 yr old awarded £525,000 compensation following erb's palsy injury sustained through birth negligence

On 11 March Helen*’s mother was admitted to the defendant hospital, to be induced.  Her progress was slow, and so syntocinon was given to speed up the labour.  By 4pm Helen’s mother was fully dilated and she started active pushing at 6.15 pm. 

At 7.25 pm the obstetric registrar reviewed the situation and decided to attempt to deliver Helen using ventouse.  The ventouse was first applied at 7.30 pm, but Helen wasn’t delivered until 8.03 pm.  Suprapublic pressure was not applied, and although shoulder dystocia was noted, the McRobert’s manoeuvre was not performed.

Helen was reviewed the day following her delivery, when it was noted that he had a limp right arm.  She was referred for physiotherapy.  She subsequently developed Erb’s Palsy, and was found to have damage to her spinal cord.

Helen underwent two operations at 6 month’s of age, which improved her elbow flexion, hand function and relocated her right shoulder. However, she still has weakness during elbow flexion and was unable to reach her face with her right hand.  As a result she will experience difficulties with most aspects of daily living for the rest of her life.  She is also at risk of depression and anxiety, and would be handicapped on the labour market.

Helen’s parents brought a claim against the hospital, who admitted that the care provided during her delivery was negligent.

A settlement of £525k was negotiated for Helen.

Vanessa Wand, an experienced birth injury negligence claims lawyer at Boyes Turner, commented on the outcome:

“Unfortunately we have experience of dealing with cases very similar to Helen’s, where injury caused during delivery causes Erb’s Palsy and lifelong issues”.

The service was personal, professional and considered. I was treated so kindly and in the end I knew that not only had I found the right organisation but also the right person.

Boyes Turner client

Get in touch

Please get in touch 0800 124 4845

Or we are happy to call you back at a time that suits you

Office open Mon - Fri: 08:30 - 18:00