Settlement following substandard treatment at birth resulting in a lifelong disability

David Bradshaw, Partner in our Clinical Negligence Team at Hay & Kilner, has secured a seven-figure settlement for a minor Claimant, represented by their Litigation Friend. The Claimant received substandard treatment at birth resulting in them sustaining a brachial plexus palsy injury, a serious injury which carries lifelong disability.

The Claimant’s mother was admitted to the hospital for induction of labour. The following day, a vaginal examination was performed to assess the progress of labour and the Claimant’s mother was noted to be fully dilated with the foetal head 1cm above the ischial spines and the active 2nd stage commenced. Shortly after, a further vaginal examination was performed for “suspected fetal compromise” and a decision was taken that there was a “clinically big baby” and that there should be a forceps delivery. Forceps were applied to the Claimant; however, they were applied very roughly. During the delivery, very excessive and inappropriate traction was used on the Claimant and unfortunately, the Claimant suffered from shoulder dystocia (a birth complication where the baby's shoulder gets stuck behind the mother's pubic bone after the head has been delivered). There was a failure to apply suprapubic pressure to the Claimant’s mum to dislodge the Claimant’s left shoulder, and a failure to take reasonable steps to rotate the Claimant’s shoulders to deliver the posterior arm in order to be able to deliver the Claimant’s body. As a result of this, the Claimant unfortunately suffered from a group 2/ group 3 brachial plexus injury and was noted to have very little movement in his left arm and hand.

David was instructed by the Claimant’s mother as Litigation Friend in 2012, to investigate a potential clinical negligence claim. Expert evidence was obtained from many experts including a Consultant in Obstetrics and Gynaecology, Consultant Orthopaedic Surgeon, a Consultant in Plastic and Hand Surgery, an expert in Nursing Care, a Chartered Educational Psychologist and an expert in Physiotherapy, all of whom were supportive.

A detailed Letter of Claim was served on the Defendant alleging that there was a clear breach of duty on the part of the medical staff in that they exercised excessive force in the delivery of the Claimant causing him to suffer a brachial plexus injury. Liability was initially denied, and legal proceedings were issued. In 2016, a Stay in proceedings was imposed until September 2022, when the Claimant turned thirteen, to allow time for his growth and to assess the impact of his injury.

In September 2022 the Stay was lifted and we continued to investigate the claim and following negotiations at a Joint Settlement Meeting in February 2025, settlement was reached. The case settled for £1,500,000.00 plus costs.

The Claimant and his family were deeply grateful for David’s professionalism, efficiency, and continuous guidance and support throughout the lengthy proceedings. The Claimant’s mother comments “I am so grateful for David’s patience, kindness and support throughout everything. David has worked with us every step of the way and we are so grateful for everything that he has done for us”.

If you know anybody who has suffered in a similar way, or you believe you have a potential claim, please do not hesitate to get in touch with David or a member of the clinical negligence team on 0191 232 8345.