
Master Z sustained an injury to his left brachial plexus at birth and developed Erb's Palsy on his left-hand side.
During delivery moderate shoulder dystocia occurred and the midwife pulled with excessive force using downward traction on the head of the baby to overcome the complication.
On behalf of the Claimant we argued that if the midwife had followed the steps identified in the hospital protocol then the Claimant's shoulder dystocia would have been overcome, he would have been delivered without having sustained any injury and he would not have suffered Erb's Palsy with consequent disability.
Expert opinion concluded that there would be some restrictions in his abilities in the work place and was likely to be at a disadvantage on the open labour market. Recreational activities would also be affected including swimming and golf. His claim was settled for £60,000 taking into account his future employment limitations, care, assistance and therapy.
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