[2008] LTLPI 21.11.08  

Claimant sustained Group 3 Erb’s Palsy injury following her complicated delivery due to shoulder dystocia. Despite undergoing an anterior shoulder release, her left arm was 5cm shorter than her right arm and she suffered with significantly reduced movement and grip, causing a permanent disability such that she required assistance with most household tasks.  

Claimant alleged Defendant had acted negligently during antenatal period in failing to ensure her mother was referred to an obstetrician to ensure an appropriate care plan was put in place for her delivery. She submitted, given it was anticipated she would be macrosomic and mother’s previous delivery had been complicated by shoulder dystocia, it was mandatory for such actions to be taken. It was further alleged Defendant had failed to summon obstetric help with adequate expedience once shoulder dystocia diagnosed.  

Out of court settlement: £200,000 (estimated General Damages £40,000).