Claim for Shoulder Injury During Delivery Succeeds

A boy who suffered permanent injury to his shoulder and arm during his delivery is set to receive compensation, after a liability settlement was agreed with the NHS trust responsible for the hospital where he was born.

The boy's mother had been assessed as having a high-risk pregnancy but was never advised of the risks of a spontaneous delivery compared with a planned caesarean. She had a difficult labour, and shoulder dystocia – where the baby's shoulder becomes stuck behind the mother's pubic bone – was identified during delivery. The boy required emergency neonatal treatment after his birth.

He sustained a brachial plexus injury, with significant nerve damage to his arm. Despite undergoing a surgical release procedure and receiving regular physiotherapy, he has been left with permanent injury. He has difficulties with day-to-day activities and his injury is likely to affect his employment prospects. He may need further surgery in the future.

His mother sought compensation on his behalf. She claimed that she would have chosen to have a caesarean if she had been given the option, thus avoiding a forceps delivery and shoulder dystocia. She also claimed that, if reasonable care and skill had been used during his delivery, he would have avoided the brachial plexus injury.

After the NHS trust denied liability, proceedings were issued. Following negotiations, the trust agreed to settle the claim on the basis of 79 per cent liability. An interim payment was secured for the boy's treatment pending a final settlement of the claim.