[2007] LTLPI 08.02.08

Claimant suffered group 3 brachial plexus injury following delivery complicated by shoulder dystocia. Liability admitted.

Claimant underwent a coracoidectomy and subscapularis lengthening which was was unsuccessful. Her shoulder joint did not develop normally and she had posterior subluxation. She suffered cosmetic deformity with shorter and smaller left arm and a prominent scar from neck to forearm as a result of surgery.

Claimant experienced significantly restricted range of motion in left upper limb. The injuries affected her ability to undertake activities of daily living including dressing, washing and domestic tasks. She obtained full-time employment in the retail sector but was restricted to light duties. Injury was permanent and she suffered from progressive degenerative change within her shoulder joint, which caused significant pain and discomfort.

Significant chance Claimant would require shoulder fusion surgery in the future and would have to either reduce her hours to work part-time or retire early due to the progressive degenerative nature of her condition.

Out of Court Settlement: £350,000 total damages (estimated General Damages £75,000 for PSLA).