Posted by Kerstin Kubiak, Partner
£300,000 recovered for an 8 year old boy who suffered a type II Erb’s Palsy injury
Kerstin Kubiak recovered damages for a young boy after he suffered an Erb’s Palsy injury, he was left with a significant injury to his right dominant arm which was permanent. It involved axonotmesis and neurotmesis. The Claimant suffered winging of the scapula and an absence of useful rotation of the shoulder. The grip of his right hand was also significantly reduced.
The allegations of negligence against the hospital included: (i) failing to try to undertake 2 cycles of manoeuvres (supra pubic pressure and the McRoberts position) necessary to deliver the shoulders; (ii) trying to deliver the baby’s shoulders by moving its head and neck from side to side with twisting whilst applying excessive traction (pulling too hard); (iii) failing to record good quality medical records, in particular, failing to document which of the shoulders was anterior and to document in any proper way how they had tried to deliver the baby.
The injury resulted in problems for the child both at home and, in the future, for work; the tasks that he could manage would often be more difficult and tiring for him and he was at risk of deterioration on his left hand side. It was accepted he would have difficulty doing bi-manual tasks above the shoulder. He would have difficulties in undertaking basic tasks such as getting dressed and eating. He would be unsuitable for manual work and would not be able to work within the armed services or police; he would be significantly restricted in the work place. All of the male members of they boy’s family had manual occupations and did not go on to higher educaiton. This was a complex case involving experts on quantum as well as liability.