Clinical negligence claim
The claimant’s parents said: “...We now know that our daughter will have
enough money to help her get through the rest of her life. We would
encourage any parent to be very patient in a case like this and not
to jump at the first offer they are
given.”
Samantha Critchley said: “I
am delighted to achieve such a significant award on the claimant’s
behalf. She is a delightful and brave little girl who will be
affected by her disability for the rest of her life. I hope that
the compensation will allow her to obtain the necessary support,
now and in the future, to ensure she reaches her full potential in
life.”
Samantha Critchley has recovered
£405,750; the highest reported settlement in an Erb’s Palsy case of
its type. This compensation was awarded to a nine-year-old girl,
who was injured during her birth in 1998 whilst under the care of
the Royal Berkshire NHS Foundation Trust.
During the claimant’s delivery, her head was delivered but there
was difficulty in delivering the shoulders, known as shoulder
dystocia. It was the claimant’s case that the antenatal care was
negligently managed, and there was a failure to deliver by
caesarean section. There were further negligent acts and omissions
in the obstetric management, including inter alia - the application
of strong traction to her head.
As a consequence, she suffered a severe traumatic injury to the
nerves supplying her right arm, causing paralysis. She underwent
four extensive surgeries to attempt to improve function in her arm
in the first seven years of her life. Despite this the claimant has
been left with a permanent disability and the right limb remains
for all practical purposes, functionless. The claimant’s mother
brought the clinical negligence case against the Royal Berkshire
NHS Foundation Trust.
The hospital accepted that there were elements of the management
of the labour, which were not appropriate and admitted negligence
in the claimant’s care and invited proposals for settlement. After
a lengthy negotiation the amount of settlement was agreed, in
principle, between the parties.
At an Infant Settlement Hearing at the Royal Courts of Justice
on 28 July, the terms of settlement were approved. In addition to
the substantial damages recovered by Field Fisher Waterhouse for
the claimant, the hospital was also ordered to pay the claimant’s
legal costs.
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