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Teenager With Erb's Palsy Receives Six Figure Compensation Settlement

Our medical negligence solicitors have secured a six-figure settlement to fund ongoing support for a teenage boy with Erb’s Palsy whose nerves were severed as a baby after a catalogue of errors during birth.

The 15-year-old, RY, has complete paralysis of his upper right arm and reduced grip in his right hand. He struggles to lift and carry heavy objects, open jars or bottles, and suffers from pins and needles. He also has difficulty carrying his school bag, dressing himself and brushing his hair.

RY was diagnosed with Grade 1 Erb’s palsy or a severance of nerves in the upper part of the arm. This prompted his mother to instruct expert medical negligence lawyers at Irwin Mitchell to investigate the care that she and her son received during his delivery at Royal Berkshire Hospital.

Our birth injury experts found that medical staff had failed to act quickly enough when RY suffered a rare emergency complication during labour known as shoulder dystocia. This is when the baby’s shoulder gets stuck above the pelvis once the head is already delivered.

In RY’s case, the shoulder dystocia caused the upper group of the arm's main nerves – the brachial plexus - to be severed. This caused paralysis of his right arm between the shoulder and elbow. His young life has been punctuated by surgeries to give him the best possible movement in his arm, but his ability is still significantly limited.

Royal Berkshire NHS Foundation Trust admitted liability for RY’s injuries on November 3rd 2014 but contested the valuation of the damages. In April 2017, we represented RY at a three-day hearing to decide the valuation at the Royal Courts of Justice. The court decided on a six-figure settlement for RY, which will fund ongoing support to help him in his daily life.

Leena Savjani was one of the expert medical negligence lawyers from Irwin Mitchell that represented RY. She said,“The last 15 years have been incredibly difficult for RY who has endured countless surgeries, delays in physical development and frustration at not being able to match his peers in their physical abilities. It has also been an immense struggle for his family who have seen him struggle and lose confidence as a result of the injury he sustained through medical errors.

“This settlement will now provide RY with the ability to fund any support or rehabilitative treatment he requires to live a full and happy life as independently as possible.

“It is important that the NHS Trust continues to learn from the mistakes made and improve its practices to ensure that no other family will have to endure what RY and his family have been through.”

If you or a loved one are living with Erb’s Palsy and believe that substandard medical care during birth was the cause, our medical negligence solicitors may be able to help you make a compensation claim. See our Erb’s Palsy Claims page for more information.

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