She suffered from Erb's palsy and would need care and assistance throughout her life, as well as specialist aids and equipment.
An 8-year-old Girl Received £646,000 for the Upper Limb Injuries Sustained During Her Birth
The negligence in this case involved the use of a ventouse to assist the delivery process. Ventouse is a suction device that is attached to the baby’s head, after which an obstetrician will pull on the suction device to help speed up delivery.
The outcome was that the Claimant (“C”) was left with an Erb's Palsy, resulting in significant deformity in the right upper limb, a fixed flexion deformity of the right elbow and marked reduction of movement in the shoulder and wrist. She also had some spinal damage (at levels C5 to C7).
Significant scarring led to revision surgery. C felt very self-conscious about it. Significant weakness of the right arm and reduction in size of the arm would continue for the rest of her life. Also, permanent weakness and stiffness of the shoulder joint.
She struggled with any activity involving both hands and many aspects of day to day life. She was at risk of her breasts developing asymmetrically because of issues with underlying musculature. Understandably, she was considered vulnerable to future anxiety and depression as a result of her issues with appearance. She was expected to need care and assistance for life as well as specialist aids and equipment. She would be significantly disadvantaged on the open labour market and would not be able to perform any job requiring repetitive or bimanual strength.
Out of the £646,000 value settlement, the part relating to pain and suffering (General damages) is worth £98,500 as at February 2021.
