Damages for Erb's Palsy caused by Royal Berkshire NHS Foundation Trust | Fieldfisher
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Case Study

Damages for Erb's Palsy caused by Royal Berkshire NHS Foundation Trust

We recovered compensation for Natalie who has Erb's Palsy as a result of obstetric negligence during her birth, while under the care of the Royal Berkshire NHS Foundation Trust.

Natalie was injured during her birth in 1998 whilst under the care of the Royal Berkshire NHS Foundation Trust.  

At the end of the labour, Natalie’s head was seen but there was difficulty in delivering the shoulders (known as shoulder dystocia).

We argued that the antenatal care was negligently managed, and there was a failure to deliver electively by caesarean section.

There was also other failures in the obstetric management, including the application of strong traction to her head.

As a result, Natalie suffered a severe traumatic injury to the nerves supplying her right arm, causing paralysis. In the first seven years of her life, she underwent four extensive surgeries to attempt to improve function in her arm.

Despite this, Natalie has been left with a permanent disability and her right arm remains for all practical purposes, functionless.

Natalie's mother instructed Samantha Critchley to pursue a clinical negligence case against the Royal Berkshire NHS Foundation Trust.

The hospital admitted negligence in the mother’s care and agreed to enter into settlement talks.

At a hearing at the Royal Courts of Justice, the terms of settlement were approved and Samantha Critchley recovered £405,750 for Natalie.

In addition to the substantial damages recovered by Natalie, the hospital was also ordered to pay the claimant’s legal costs.

After the case Natalie's mother said:

"Thank you again for making it a pleasant experience as these things can be very daunting.

"We now know that our daughter will have enough money to help her get through the rest of her life.

"We would encourage any parent to be very patient in a case like this and not to jump at the first offer given."

Contact us

For further information about Erb's palsy negligence claims and clinical negligence claims, please call Samantha Critchley on 03304606812 or email samantha.critchley@fieldfisher.com.


All enquiries are completely free of charge and we will investigate all funding options for you including no win, no fee.