RY Suffered Nerve Damage In His Right Shoulder During His Birth in March 2012

A teenage boy whose nerves were severed as a baby after a catalogue of errors during his pregnant mother’s care has received a six-figure settlement to fund ongoing support for his disability.

The 15-year-old, known only as RY, has complete paralysis of his upper right arm and reduced grip so struggles to lift and carry heavy objects, open jars or twist off bottle tops and suffers with pins and needles. He struggles to carry his school bag, dress himself and brush his hair. He has also been diagnosed with Asperger’s Syndrome, although it is not linked to his birth complication.

The boy’s mother instructed expert medical negligence solicitors at Irwin Mitchell to investigate the care she and her son received during his delivery at Royal Berkshire Hospital after he was diagnosed with Grade 1 Erb’s palsy; the severing of nerves in the upper part of the arm.

Her legal team found that medical staff failed to act quickly when her son’s shoulder became stuck during labour – an emergency complication known as shoulder dystocia which can result in damage to the nerves.

In RY’s case, the shoulder dystocia caused the upper group of the arm's main nerves – the brachial plexus - to be severed causing 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 3, 2014 but contested the valuation of the damages. After a three-day hearing at the Royal Courts of Justice which concluded on Thursday April 27th; RY will receive a six-figure settlement.

RY’s mother, known as JP, said: “My son is currently a teenager but it’s only a matter of time until he wants to make his own way in the world.

“He will need increased support to live as independently as possible - for example, he will be unable to do many household tasks and will need help and assistance. He will need help with everyday things around the house and he may not be able to drive. His quality of life has been significantly affected by the negligence.

“I hope that the settlement will help support him with all these things which most of us are lucky enough to be able to take for granted, so that he can live a life as close to the one he would have if not for his injury.

“I sincerely hope lessons have been learned from the mistakes in my sons care, so that other children do not suffer as he has growing up.”

Leena Savjani and Georgie Cushing were the two expert medical negligence lawyers at Irwin Mitchell, representing RY.

Expert Opinion

“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.” Leena Savjani - Partner