Advising with empathy and experience

£180,000 award for brachial plexus injury.

The CNCI team were recently successful in securing compensation for a child who suffered devastating shoulder injuries during birth. The child, who cannot be named, suffers with an injury known as brachial plexus palsy which reduces mobility and stability in his left arm.

The injury occurred as a result of shoulder dystocia during birth, which means a baby’s head has been delivered but there is difficulty delivering the shoulders. In this particular instance the obstetrician in charge did not follow accepted practice and instead resorted to forcefully pulling the new born out. The father of the boy, who was present during the birth, described the obstetrician’s actions as “pulling and tugging against a locked door”.

The injured child, now in his teens, has very limited use of his left arm and this could deteriorate further as he grows older.

Head of the CNCI team, Richard Wood said “We were very happy to help this family. Claiming for birth injuries is always difficult because the full impact on quality of life is difficult to assess. It’s very possible that the brachial plexus injury may cause further issues later on in life, such as restricted career options or difficulty driving. The award of compensation has to reflect the full extent of the impact of the injury.”