During Claudia’s delivery in 1994 her shoulder
became stuck behind her mother’s pubic symphysis (shoulder
dystocia).
We argued that the obstetric team failed to
apply the correct abdominal pressure on Claudia’s mother to try to
dislodge the shoulder. Further, that the team applied excessive
traction to Claudia’s head and brachial plexus to try to deliver
her.
Our medical expert said that the excessive
nature of the force used to deliver Claudia was evidenced by the
extent of the injury to her brachial plexus. All 5 nerve roots were
damaged. This meant that Claudia’s right arm had very limited
function. Claudia underwent three attempts at remedial surgery but
without success.
The hospital denied liability. It argued the
injury happened due to the baby’s posture during the pregnancy or
due to the normal forces of delivery.
Before court proceedings were issued the
defendant offered to settle the claim for just under £129,000. This
was eventually increased to £250,000.
Samantha Critchley
who acted for Claudia advised that this was too low given Claudia
had suffered such a serious and permanent injury. She therefore
issued proceedings at the High Court in April 2008.
The hospital indicated their intention to
defend the claim, but after further negotiation agreed to £335,000
in damages. This was approved by the court in March 2009. The case
was funded by legal aid.
For further information or if you have
a birth injury claim please
call Samantha Critchley on
020 7861 4263 or email samantha.critchley@ffw.com
You can discuss your birth injury
claim with any member of our medical
negligence team on
freephone 0800 358 3848, email personalinjury@ffw.com or
complete our short enquiry form.