The Plaintiff in this matter was a gentleman who, while being delivered as a baby, encountered significant shoulder dystocia following the delivery of his head. Whilst the obstetrician was attempting to release the shoulder, excessive traction was applied to the Plaintiff’s head in advance of delivering the posterior arm. Resulting from the excessive traction applied to his head, the Plaintiff suffered an injury to his brachial plexus and consequently an Erb’s palsy.
The Plaintiff instructed Lavelle Partners to investigate his circumstances and we obtained expert evidence from a UK-based consultant obstetrician/gynaecologist. The expert concluded that the obstetrician who delivered the Plaintiff had other methods of delivery open to him to dislodge the Plaintiff’s shoulder that ought to have been used rather than pulling excessively on the Plaintiff’s head and that this decision caused the Plaintiff’s injury.
Proceedings were issued on behalf of the Plaintiff and the case went to mediation where it was successfully settled for a significant sum plus costs in advance of the trial date.
For more information, please contact Avril Scally, Partner and Head of the Medical Negligence Department.