Samantha Critchley has recovered
£405,750; the highest reported settlement in an Erb’s Palsy case of
its type. This compensation was awarded to Carla, a
nine-year-old girl, who was injured during her birth in 1998 whilst
under the care of the Royal Berkshire NHS Foundation Trust.
During the Carla’s delivery, her head was delivered but there
was difficulty in delivering the shoulders, known as shoulder
dystocia.
We contended that the antenatal care was negligently
managed, and there was a failure to deliver by Caesarean
section.
There were further negligent acts and omissions in the obstetric
management, including inter alia - the application of strong
traction to her head.
As a consequence, Carla suffered a severe traumatic injury
to the nerves supplying her right arm, causing paralysis. She
underwent four extensive surgeries to attempt to improve function
in her arm in the first seven years of her life.
Despite this, Carla has been left with a permanent disability
and the right limb remains for all practical purposes,
functionless.
Samantha Critchley was instructed by Carla's mother to
pursue an Erb's palsy case against the Royal Berkshire NHS
Foundation Trust.
The hospital accepted that there were elements of the management
of the labour, which were not appropriate and admitted negligence
in the claimant’s care and invited proposals for settlement.
After a lengthy negotiation the amount of settlement was agreed,
in principle, between the parties.
At an Infant Settlement Hearing at the Royal Courts of Justice
on 28 July, the terms of settlement were approved.
In addition to the substantial damages recovered by Field Fisher
Waterhouse for Carla, the hospital was also ordered to
pay Carla's legal costs.
After the case, Carla's parents said:
“We now know that our
daughter will have enough money to help her get through the rest of
her life.
"We would encourage any parent to be very
patient in a case like this and not to jump at the first offer they
are given.”
For further information or if you have an Erb's Palsy claim please call Samantha
Critchley on
020 7861 4263 or email samantha.critchley@ffw.com.
You can discuss your Erb's Palsy
claim with any member of our medical negligence team on
freephone 0800 358 3848, email personalinjury@ffw.com or
complete our short enquiry form.