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Birth Injury Claim – Shoulder Dystocia & Brachial Plexus Injury

Client Snapshot

Industry: Clinical Negligence
Client Type: Minor (by Litigation Friend)
Location: UK

Profile

We acted for a child who sustained a severe brachial plexus injury following shoulder dystocia during birth. The injury resulted in significant and permanent functional impairment, with physical and psychological consequences affecting all aspects of daily living. A court‑approved settlement was required due to the Claimant’s age.

The Challenge

This was a highly contested clinical negligence claim involving a number of complexities:

  • No formal admissions of liability or causation by the Defendant NHS Trust
  • Complex obstetric and neurological medical issues
  • Causation robustly disputed despite accepted criticisms of care
  • Historic and evolving expert evidence across multiple disciplines
  • A detailed and technically complex Schedule of Loss, incorporating lifelong care, assistance, loss of earnings and equipment needs
  • Consideration of litigation risk and appropriate valuation in the absence of agreed causation

These issues made both liability and quantum challenging and required careful strategic management.

Objectives

  • To secure fair and meaningful compensation reflecting the Claimant’s lifelong injuries
  • To advance the claim despite the absence of admissions on liability and causation
  • To navigate complex and disputed medical evidence effectively
  • To prepare and present a robust, well‑evidenced Schedule of Loss
  • To achieve court approval of any settlement in the Claimant’s best interests

Our Approach

We worked closely with the Claimant’s family from an early stage, instructing experienced medical experts and Counsel to address the disputed liability and causation issues. Despite complex medical arguments raised by the Defendant, we obtained supportive expert evidence to strengthen the Claimant’s position.

A detailed Schedule of Loss was prepared, carefully analysing future care, therapy, assistance, equipment, loss of earnings and other long‑term needs. Strategic advice was taken on valuation, litigation risk and settlement timing, balancing the benefits of certainty against the risks of proceeding to trial.

Work Delivered

  • Management of a complex clinical negligence claim with disputed causation
  • Instructing and coordinating multiple medical and quantum experts
  • Detailed analysis and preparation of a complex Schedule of Loss
  • Close collaboration with Counsel on liability, causation and valuation
  • Negotiation of settlement without admissions of liability
  • Securing approval of the settlement at the Royal Courts of Justice
  • Advice on investment of damages to support the Claimant throughout her life

Results & Impact

  • A £1,000,000 settlement was successfully secured
  • Liability and causation remained disputed, but damages were recovered reflecting the severity of the injuries
  • The settlement was approved by the Royal Courts of Justice
  • The damages will be invested to maximise long‑term returns and provide lifelong financial security
  • The Claimant will have access to essential care, treatment and support throughout her life

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