Erb's Palsy Case Study
Our client v NHS Foundation Trust hospital
Year of incident: 1997
Date of Settlement: 2018
Acting: John Baddeley, Director at Wake Smith Solicitors
Facts:
The client suffered foetal birth trauma in 1997 after being delivered by a difficult ventouse delivery in hospital resulting in Erb’s Palsy in the right arm.
A preliminary report highlighted major concerns with the management of the delivery of the case:
- There was no need to proceed to ventouse delivery on the grounds of foetal distress alone in presence of a normal CTG trace
- The choice of ventouse delivery was inappropriate and a caesarean section should have been considered first
- The doctor ignored the warning signs of outlet obstruction resulting in the ventouse cap coming off with vigorous contraction
- Having delivered the head, no manoeuvres were considered to avoid impaction of the foetal shoulders.
- It was therefore alleged that the management of the second stage of labour could not be supported and fell below a reasonable standard of care.
Consequences:
As a result, the client suffered the following injuries/consequences:
- A brachial plexus injury involving nerve roots C5, 6 and 7
- The physical disability had a significant psychological impact including behavioural problems
- Permanent limited elevation of right shoulder and slight restriction in forearm rotation
- Restricted lifestyle and job/occupation opportunities due to injury
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Expert Evidence:
We instructed experts to prepare reports for the client in the disciplines of:
- Obstetrics
- Orthopaedics
- Care
- Occupational Therapy
- Educational Psychology
- Neuropsychology
- Physiotherapy
- Psychiatry
- Independent Financial Advice
Admission of liability:
The Trust admitted a breach of duty in respect of the management of the claimant’s birth and that such management had caused the injury resulting in Erb’s Palsy.
The Proceedings:
The matter was settled by mediation without pre-court proceedings
Settlement:
The claim settled for a value of £750,000.