Settlement following a severe shoulder injury suffered during delivery of a baby

Aimee Costello acted for the family of a baby injured during delivery. The family were concerned about the circumstances about the delivery and came to us about their concerns.

We investigated the circumstances of the delivery. Following receipt of supportive expert evidence, we alleged there was a failure to summon assistance at an appropriate time; any assistance which was summoned failed to attend; excessive traction was used during delivery; the treating staff failed to manage the shoulder dystocia injury in accordance with the NICE guidelines which applied

As a result of the circumstances of the delivery, the newborn baby suffered an injury to the bundle of nerves that send signals from the spinal cord to the shoulder, arm and hand. These brachial plexus injuries can be relatively minor, causing tingling and numbness, or can be significant, leading to paralysis and a loss of sensation.

In this case, the baby suffered from a significant brachial plexus injury and so had limited rotation in her shoulder as a result of which she had limited use of her arm. As a result of the physical injuries, the client suffers from social anxiety. The client’s symptoms have a severe impact on her daily life and have affected her future opportunities.

The impact of the injury was significant. As a result of the brachial plexus injury, the client needed significant levels of future care and assistance, access to specialist equipment and access to specialist therapies. 

The NHS Hospitals Trust had initially disputed that mistakes were made. The NHS trust asserted that the client’s injuries were not caused by any actions of the treating hospital staff.

Harrowells, together with the experts, identified entries within the records that undermined the Defendant’s stance. Court action was taken and shortly afterwards the Defendant accepted that excessive traction was applied during the delivery, as a result of which the client suffered their injury.

The case continued to agree the appropriate level of compensation to which the client was entitled. 

The claim settled recently for damages in excess of £1 million.

Harrowells Ltd understand that the consequences of medical negligence can be devastating. A compensation award provides not just a recognition of the injury that occurred, but also provides funds to pay for treatment, therapies, care, or other support that might be needed.

We are here to support you in bringing a claim. If you feel you have been the victim of medical negligence, get in touch with our specialist colleagues for a free no obligation discussion about your potential case.