Field Fisher Waterhouse recovers highest reported settlement in
Erbs Palsy case
on: August 14, 2008, 5:23 am
Release Author: Field
Fisher Waterhouse LLP
Release Summary: Field Fisher Waterhouse LLP, has reported the
recovery of £405,750 to a nine-year-old girl injured during
birth in 1998 whilst under the care of the Royal Berkshire NHS
Release Body: Law firm, Field Fisher Waterhouse LLP,
has reported the recovery of £405,750 to a nine-year-old
girl, who was injured in 1998 whilst under the care of the Royal
Berkshire NHS Foundation Trust; the highest reported settlement
in an Erb’s Palsy case of its type.
claimant was injured
during birth as her head was delivered but there were difficulties
in delivering the shoulders, known as shoulder dystocia. Field
Fisher Waterhouse acted for the claimant in the case
that the antenatal care was negligently managed, and there was
a failure to deliver by caesarean section. There were further
negligent acts and omissions in the obstetric management, including
inter alia - the application of strong traction to her head.
a consequence, she suffered a severe traumatic injury to the nerves
supplying her right arm, causing paralysis. She underwent four
extensive surgeries to attempt to improve function in her arm
in the first seven years of her life. Despite this the claimant
has been left with a permanent disability and the right limb remains
for all practical purposes, functionless.
claimant’s mother brought the clinical
negligence case against the Royal Berkshire NHS Foundation
Trust. Samantha Critchley, a solicitor in the
Injury and Medical
Negligence Group at Field Fisher Waterhouse,
acted for the claimant.
hospital accepted that there were elements of the management of
the labour, which were not appropriate and admitted negligence
in the claimant’s care and invited proposals for settlement.
After a lengthy negotiation the amount of settlement was agreed,
in principle, between the parties.
an Infant Settlement Hearing at the Royal Courts of Justice on
28 July, the terms of settlement were approved. In addition to
the substantial damages recovered by Field Fisher Waterhouse for
the claimant, the hospital was also ordered to pay the claimant’s
claimant’s parents said: “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 they are
Samantha Critchley said: “I am delighted to achieve
such a significant award on the claimant’s behalf. She is
a delightful and brave little girl who will be affected by her
disability for the rest of her life. I hope that the compensation
will allow her to obtain the necessary support, now and in the
future, to ensure she reaches her full potential in life.”
The claimant was represented by
Henry Witcomb of 1 Crown Office Row.
Field Fisher Waterhouse LLP:
Field Fisher Waterhouse LLP is a full-service
European law firm with offices in Brussels, Hamburg and London.
With 119 partners, over 200 other lawyers and nearly 300 support
staff, we assist a wide range of international clients, advising
across a full range of legal issues.
The main areas of practice are corporate and commercial, IP and
technology, banking and finance, regulatory and real estate. Field
Fisher Waterhouse LLP also have particular expertise
in competition & EU law, dispute resolution, employment, personal
injury and clinical negligence, public sector and tax.
Details: Louise Eckersley
Field Fisher Waterhouse LLP
35 Vine Street
020 7861 4120