We had the pleasure in acting for the parents of a small child (who is now aged 4) who suffered a disability following his delivery at the Homerton University Hospital in London in June 2004. His delivery had been complicated by a shoulder dystocia. In breach of duty, while attempting to achieve delivery, the midwife:
- applied fundal pressure, and
- failed to use the recognised techniques to overcome the shoulder dystocia.
As a result, the midwife applied excessive and avoidable traction, thereby injuring the brachial plexus, causing an Erb’s palsy. The brachial plexus is a network of nerves arising from the spine at the base of the neck that give rise to the nerves supplying the arm, forearm, hand and parts of the shoulder girdle.
As a consequence of this substandard care, our client has little use of his left shoulder, hand and arm, which remains limited to the present day. He will suffer lifelong limitations to the function of his left upper arm, which will have an impact on his future life.
Liability was not admitted by the Hospital Trust and clinical negligence proceedings had to be issued at Court. Although the Hospital Trust continued to deny liability, the parties were able to negotiate a settlement which has now been approved by the Court.
S. J. Edney solicitors obtained compensation of £205,000 for this client during 2010