In February 1986 Ali's mother went into labour and was admitted to Luton & Dunstable Hospital. There were concerns about the baby’s heart rate on the CTG trace. It was decided to expedite delivery. A failed attempt was made at a forceps delivery. A ventouse delivery was carried out, according to the medical records, with “moderate pulls”
Ali was born with an Erb’s palsy and Horner’s syndrome. This resulted in a permanently damaged arm: his left arm was 8cms shorter than the right arm and the range of motion in left shoulder, elbow and wrist was significantly reduced.
It was alleged that the defendant failed to take appropriate steps to dislodge the claimant’s impacted shoulder and that excessive force was used to deliver him. It was the claimant’s case that he would have been delivered unharmed with appropriate care.
A claim was issued in the High Court and a trial date fixed for 27 July 2009.
The hospital fully defended the claim and denied liability until very close to trial. After a meeting between the obstetric experts on both sides, Sam Critchley pressed the hospital authority for an admission. A formal admission of negligence was made on 26 May 2009, just days before a settlement meeting took place.
Following negotiations the matter settled and the court approved the £325,000 settlement on 4 June 2009.
After the case, Samantha said:
"I am thrilled to secure another high award of damages in an Erb's Palsy claim. I am also pleased for my client that the litigation is finally over and he can now harness the funds to live independently and maximise his potential. We were delighted that the hospital did formally accept responsibility for my client’s injuries; it is just a shame that the case was defended so close to trial."
For further information or if you have a birth injury claim please contact our team:
Contact us on freephone 0800 358 3848
Or start your claim online.
"The group is praised for its commitment to 'demystifying the legal process' while this is a firm for which the client has always been a priority"
Fieldfisher has successfully been recognised as an "Occupation and Asbestos Disease Specialists" Fieldfisher are now recognised as assessors
Charities we support
Mark Bowman welcomes Jeremy Hunt’s assurances NHS will do better on baby deaths
Jeremy Hunt is proposing changes in the way baby deaths and injuries are to be investigated
Medical Negligence and Personal Injury Teams top the Legal 500 rankings
Fieldfisher's Personal Injury and Medical Negligence teams have been listed tier 1 in the Legal 500 rankings.
RCOG highlights proof babies could be saved with better care
Maternity initiatives introduced by the government in 2015 may have begun to bite as the number of stillbirths fell for the first time in a decade. The bad news is that too many babies still die because of inadequate maternity care.
As litigation funding gets murkier, legal aid remains a beacon for families devastated by birth injuries
Lord Faulks QC flagged his concern in the Times about the potential conflict of interest imposed on a case by third-party litigation funding.
Fundamental errors in midwives training risks the lives of more babies
The Times reported yesterday that during the inquest of baby Billy Wilson, who died at three-days old, the midwife in charge of Billy's mother, Carla, at Pinderfields Hospital in Wakefield did not know how to use the CTG machine.