BX v East Suffolk and North Essex NHS Foundation Trust – Settlement £680,000 (75%) – October 2024
BX was born at Colchester Hospital in 2007, and was diagnosed with Erb’s palsy a few weeks after birth. Clair Hemming was instructed to investigate a claim for BX as the Hospital where she was born asserted that her delivery had been straightforward. They denied that shoulder dystocia had occurred during birth. Shoulder dystocia, where the fetal shoulder becomes trapped, is usually associated with Erb’s Palsy.
Despite denying liability, after Court proceedings were issued, and expert evidence was exchanged, a liability settlement was reached with the Trust in 2021 whereby they agreed that they would accept 75% of liability. An interim payment of damages was made so that BX could purchase equipment and therapy.
Following Judgment being entered, Clair began investigating the “quantum” of the claim, in order to seek an appropriate amount of financial compensation for BX. This involved obtaining a variety of expert reports as to the future prognosis, and likely support and equipment BX would need over her lifetime. Once the investigations were complete and the parties had served their evidence, negotiations were undertaken, and the parties reached a settlement whereby the Defendant Trust agreed to pay £680,000 in compensation (75% of £907,000).
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PARTNER AND SOLICITORClair Hemming |
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