VW v East of England Strategic Health
Authority
Miss W
was born at Luton Hospital in 1987, the delivery being complicated by shoulder
dystocia – an obstetric emergency where one of the fetal shoulders becomes
impacted behind the mother’s pubic bone.
If this problem is not correctly addressed the child may suffer Erb’s
Palsy, an often permanent injury to the nerves supplying the shoulder, arm and
hand. In Miss W’s case the injury was
particularly severe, leaving her with very limited use of the affected
arm.
After
slow and largely fruitless investigations by a local firm, the matter was
transferred to Tozers LLP’s Exeter office.
Following negotiations with the hospital’s solicitors, negligence was
openly admitted in the Letter of Response.
The parties turned their attention to quantum, with particular focus on future
lost earnings – it was argued on Miss W’s behalf that she would be much more
handicapped in the labour market than the “average” individual with Erb’s
Palsy. Following lengthy negotiations,
the matter was settled for £550,000.
Stuart
Bramley, a Partner at Tozers LLP commented “Although my firm specialises in
Erb’s Palsy claims, it was particularly gratifying to secure this award for
Miss W, given the severity of her injury.
A lengthy claim has now ended and she has financial security for the
rest of her life”.
source: www.tozers.co.uk
