Medical negligence and birth injuries - brachial plexus injury caused at birth led to curvature of the spine
A 14-year-old girl received provisional compensation of £320k after suffering shoulder dystocia during her birth in November 1994. She sustained a right-sided brachical plexus injury and developed curvature of the spine.
The girl was born on 23 November 1994 at a hospital of the defendant trust. Clinical observations and ultrasound scans previously carried out had indicated that she would be macrosomic (large). During delivery, she suffered shoulder dystocia.
The girl brought an action against the trust alleging that it was negligent in (i) failing to appreciate that the risk of shoulder dystocia was significant and failing to place a note in her mother's records highlighting the potential risk of shoulder dystocia or to make arrangements for an appropriately experienced obstetrician to be present at delivery; (ii) failing to apply suprapubic pressure during delivery; (iii) failing to perform intra-vaginal manipulations to help rotate the shoulders or deliver the posterior arm; (iv) using excessive and inappropriate traction which resulted in damage to the brachial plexus.
The trust admitted liability.
Injury caused by medical negligence
Her injury affected the C5, C6 and C7 cervical nerves. It was graded as a group 2 lesion on the Gilbert grading scale. At 8 months old she underwent surgery to repair the brachial plexus by grafting. When she was 6 years old she underwent muscle transfer surgery.
She developed curvature of the spine which the trust's medical expert accepted was as a consequence of the brachial plexus injury. Her right arm was 5cm shorter and thinner than her left arm. Her right shoulder was smaller and her right shoulder muscles were less developed than on her left side. She was left with 4 surgical scars on her neck, underarm and forearm and was unable to straighten her right arm.
She experienced difficulties with aspects of personal hygiene and dressing and required assistance from her parents. She also had difficulties with everyday activities such as opening packets and sealed packages, using cutlery, brushing her hair and fastening buttons and zips.
The prognosis of the injuries caused by the medical negligence
The girl's brachial plexus injury was permanent. If the curvature progressed, she might require spinal bracing or fusion.
Consistent with our policy when giving comment and advice on a non-specific basis, we cannot assume legal responsibility for the accuracy of any particular statement. In the case of specific problems we recommend that professional advice be sought.
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