Legal Update

Girl Who Sustained Nerve Damage at Birth Receives £2.6 Million in Damages

People live longer and longer and that is one good reason why damages payable to children who are injured at birth would appear to be on an ever upward trajectory. The point was made by the case of a nine-year-old girl who received a seven-figure award for serious nerve damage sustained during her difficult delivery.

Due to the use of excessive traction whilst medical staff struggled to deliver her, the girl suffered permanent damage to the bundle of nerves that controls one of her arms. The injury was the most severe of its kind that it is possible to sustain, affecting the function, sensation and growth of the stricken limb.

After a clinical negligence claim was launched on her behalf, the NHS trust that bore responsibility for her care made a prompt admission of liability. The litigation was thereafter paused for some time to enable an assessment of her long-term prognosis and the value of her claim. However, following negotiations, a trial became unnecessary when the trust agreed to settle her claim for a £2.6 million lump sum.

The High Court had no hesitation in approving the settlement as being in her best interests. The trust was due credit for its swift admission of liability and her parents and wider family were praised for their extraordinary level of care for her.

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