A 16-year-old girl wins a compensation claim of £481,000 after birth injuries resulted in permanent brachial plexus palsy (Erb's palsy).
C was her mother's first child. It was anticipated that she was going to be a large baby but birth plans were not modified as a result. One of C’s shoulders became stuck behind her mother’s pubic bone during delivery (called ‘Shoulder dystocia’).
C brought a claim alleging that there was negligence in failing to perform the required McRoberts manoeuvre once shoulder dystocia occurred. This manoeuvre involves pushing the mother's legs against her abdomen which changes the shape of the ‘pelvic girdle’. This helps to free the baby’s stuck shoulder. C alleged that instead of performing a McRoberts manoeuvre, the obstetrician strongly pulled on baby’s head.
Liability was disputed by the hospital.
C had three operations to try and improve her condition that were not successful. It was thought that the right arm would have been C’s non-dominant arm since C's abilities with her left arm and hand were very good. She was still held back though in most activities usually involving two hands that needed height, stretching or holding the right arm away from the body. She would be hampered in the open labour market and would need help for a number of activities throughout her adult life.
Out of the compensation, an estimated breakdown for the value of the actual pain and injury is £78,000 with the rest of the monies relating to past and anticipated future financial losses.
