£1.21m settlement for girl following botched birth injury at Croydon hospital

Posted On:   13 March 2020

Croydon, UK – 13th March, 2020: The child, who cannot be named for legal reasons, suffered nerve damage during her birth at Mayday Hospital, now Croydon University Hospital, in 2010.

While she has undergone a range of treatment in the years since, she was diagnosed with Erb’s Palsy and has severely restricted movement in her left shoulder and arm in all directions. The girl’s injury means she effectively functions as if she were an upper limb amputee.

The girl’s mother, from Croydon, instructed medical negligence lawyers at Irwin Mitchell to investigate her birth. Croydon Health Services NHS Trust, which runs the hospital, admitted liability.

The Trust and Irwin Mitchell agreed a settlement of £1.21 million to fund the girl’s care needs. The settlement has been approved by the High Court.

Louise Forsyth, the specialist lawyer at Irwin Mitchell’s London office who represents the family, said: “Sadly this is a case which puts a spotlight on the significant consequences that very serious birth injuries can have, with the issues our client has suffered expected to affect her for the rest of her life.

“However, we hope that this settlement will provide some comfort and reassurance that she will always be able to access any care or support that she may require. Our client has shown incredible resilience and determination to ensure her injuries do not stop her from getting the best from life and we hope these funds help her continue to ensure that is the case. We would also urge that the NHS and other healthcare providers continue to learn lessons from cases like this and work to ensure that every effort is made to prevent them from being repeated in the future.”

During birth the girl’s shoulder became stuck. It was argued that hospital staff did not use recognised manoeuvres to free her shoulder, which resulted in them pulling too hard in an attempt to deliver the girl, during which she suffered nerve damage.

As well as facing issues with her arm and shoulder, the girl has little movement in her wrist, as well as limited abilities and a minimal grip with her left hand. While she has become relatively independent in tasks like dressing, she does require support with other issues including washing, cutting up food and carrying things.

The girl’s mother said: “It was devastating to discover what had happened to my daughter, but she has done so well with coming to terms with her condition and not allowing it to define her in any way. The whole family is so proud of what she is achieving every day and this settlement gives us some important peace of mind that her needs will always be met. We are all now looking to the future more positively, but also hope that lessons will be learned from what she has been through.”

A spokesperson for Croydon Health Services NHS Trust said: “We offer our deepest sympathies to the family and whilst we recognise that this settlement cannot undo what has been done, we hope that it will go some way to enable the family to ensure their child’s future is provided for. Our thoughts remain with the family.”

Source: https://www.yourlocalguardian.co.uk/news/18302428.1-21m-settlement-girl-following-botched-birth-injury-croydon-hospital/