We recovered compensation for Natalie who has Erb's
Palsy as a result of obstetric negligence during her birth, while
under the care of the Royal Berkshire NHS Foundation
Trust.
Natalie was injured during her birth in 1998 whilst under the
care of the Royal Berkshire NHS
Foundation Trust.
At the end of the labour, Natalie’s head was seen but there was
difficulty in delivering the shoulders (known as shoulder
dystocia).
We argued that the antenatal care was negligently managed,
and there was a failure to deliver electively by caesarean
section.
There was also other failures in the obstetric management,
including the application of strong traction to her head.
As a result, Natalie suffered a severe traumatic injury to the
nerves supplying her right arm, causing paralysis. In the first
seven years of her life, she underwent four extensive surgeries to
attempt to improve function in her arm.
Despite this, Natalie has been left with a permanent
disability and her right arm remains for all practical purposes,
functionless.
Natalie's mother instructed Samantha Critchley to pursue
a clinical negligence case against the Royal Berkshire NHS
Foundation Trust.
The hospital admitted negligence in the mother’s care and agreed
to enter into settlement talks.
At a hearing at the Royal Courts of Justice, the terms of
settlement were approved and Samantha Critchley recovered £405,750
for Natalie.
In addition to the substantial damages recovered by Natalie, the
hospital was also ordered to pay the
claimant’s legal costs.
After the case Natalie's mother said:
“Thank you again for making it a pleasant experience as these
things can be very daunting.
"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 given”.
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.