Irwin Mitchell’s specialist Medical Negligence team in London have assisted a girl and her family to secure a six figure sum in compensation after failures when she was born led to a diagnosis of Erb's Palsy.
Jade was born in January 2004. Shortly after she was born her parents noticed that she wasn’t moving her left arm. It was discovered that she had suffered an injury to the nerves in her neck during delivery and she had developed Erbs Palsy. When she was seven months old Jade had surgery to repair the nerves and five years later she had a second operation to prevent further deterioration.
After the surgery Jade’s left arm improved a little but she will always have permanent limitations of movement mainly in her left shoulder and elbow and muscle weakness affecting the use and function of her left arm. She cannot lift her left arm to above her head or straighten her arm fully and finds eating and drinking difficult. Jade will inevitably face difficulties when she grows up with things such as housework, driving and childcare and may be at a disadvantage when applying for jobs, depending on what she wants to do.
Irwin Mitchell was asked by Jade’s parents to investigate a Erb's Palsy claim against the hospital where Jade was born. The expert evidence indicated that there had been failures in the way that Jade’s delivery had been managed by the hospital staff and that her injuries would probably have been avoided had the hospital done things differently.
The hospital denied liability but with the help of Clinical Negligence Solicitors, Ian Christian and Holly Young, Jade achieved an out-of-court settlement of £350,000 which was put into a trust fund for her. Jade will be able to use this money to pay for things such as private physiotherapy and hydrotherapy and, when she gets older, special adaptations to her car and home.
If you or a loved one has suffered as a result of Erb's Palsy, we may be able to help you claim compensation. See our Medical Negligence Guide for more information.
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