
During birth, Mark's shoulder became stuck behind the base of his mother's abdomen (symphysis pubis) following delivery of his head. It was alleged that medical staff did not act adequately during Mark's delivery to deal with this complication and Mark suffered an Erb's Palsy injury.
Mark is now in his twenties and medical procedure has changed significantly to deal with this complication that can arise during birth.
It was thought that the prospects of success in this case at trial were no higher than 50%. The evidence was clearly one of fact and the trial judge could have ruled either way. An out of court settlement was agreed at £40,000; Mark and his family were delighted.
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