This was the Claimant's mother's fourth pregnancy. She was allocated to Consultant led care due to a history of third degree tearing and premature delivery. She had no other significant issues during the antenatal period of this pregnancy or previous pregnancies.
When she attended the Labour Ward at Wexham Park Hospital, a CTG trace was carried out and was determined as normal.
Following a change of shift, a further CTG trace documented abnormalities. She was in excruciating pain at this time. A midwife came to review her and immediately pressed the emergency buzzer causing 6-7 hospital staff to crowd into the ward. It was advised an emergency delivery by Caesarean section was required in order save the Claimant's life.
The Claimant's mother was transferred to theatre for a Category 1 emergency Caesarean section. A further vaginal examination determined her as fully dilated and a decision was made for trial of instrumental delivery with forceps. The medical records note the Claimant was delivered in one pull and was born in 'excellent condition'.
Newborn checks were carried out over the following days and on both occasions, no abnormalities were detected. A few days later, however, the Claimant was found to not be moving his left arm and was transferred to SCBU for further tests. His mother was advised that her baby's nerves had been stretched during delivery and was given a diagnosis of Erb's Palsy. He would need physiotherapy, and possibly surgery in the future. Unfortunately, he was lost to follow up.
Three years later, the child's nursery teacher noted he was not using his left arm, holding it in a fixed 'waiter's tip' position. He was referred to the Royal National Orthopaedic Hospital where he underwent corrective shoulder surgery in 2017, and a further procedure in 2019.
The Claimant's mother contacted solicitors. In February 2016, a Letter of Complaint was sent to the hospital. A subsequent Letter of Response was received on 6 May 2016, denying any issues at birth could have lead a diagnosis of Erb's Palsy. It did, however, accept the Claimant had been lost to follow up in 2013.
Arti began investigatory steps in this difficult case and eventually the hospital trust made an offer to the family which was accepted before proceedings were issued. This was approved by the Court given the boy's age. At the end of the case, his family said:
"We are extremely pleased and say big thanks for your legal advice and guidance, which we were receiving in our case. You have provided us an extraordinary professional guidance on each and every step, from day one through to conclusion. You have kept us well informed about progress of the case throughout and discussed all aspects at all stages. We found you in all this journey as an extremely Experienced, Qualified, Dedicated, Reliable, Honest and highly Skilled Professional. You have done a great Job and we are completely satisfied and you are highly recommended. We also appreciate your other members of your team, who were on board to assist you."
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