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News

11 Erb’s Palsy cases results in estimated damages of more than £9,000,000

Posted on 13th March 2023 in Medical Negligence

Posted by

Clair Hemming

Partner and Solicitor
11 Erb’s Palsy cases results in estimated damages of more than £9,000,000

Open palm of hand fuchsia_Erbs Palsy Week

It has been a busy 6 months in Tozers’ Medical Negligence team with the team achieving successful outcomes in 11 Erb’s Palsy Claims, with estimated combined damages of more than £9,000,000.

The team is nationally recognised as being a leading firm in Erb’s Palsy claims, which is where the brachial plexus (network of nerves in shoulder) is permanently damaged during a child’s birth, due to negligence.   It results in a permanent disability in the arm, shoulder and hand.  Given their unrivalled expertise the team is recommended by the Erb’s Palsy Group – a charity that raises awareness of the disability, supports and educates professionals and helps those affected by the condition.

In some of the 11 cases, it was possible to negotiate a financial settlement with Trust solicitors but in others, the children are too young to assess the award of damages and Court proceedings will be stayed for a number of years to allow the child to mature. 

The cases showcase the teams’ expertise in this specialist area, e.g;

  • A claim previously investigated and dropped by two firms of solicitors - (X v  Birmingham Hospital Trust)
  • A claim where the delivery records had been inadvertently destroyed - (Y v  London Hospital Trust)
  • A claim from a birth in 2004, £1.753 million settlement - (SXX v University College London Hospitals NHS Foundation Trust        

For further details of cases please click here.

Although based in the South West – Tozers Medical Negligence team act for clients all over England and Wales. 

For those who need support with the condition, contact;

Home - Erb's Palsy Group (erbspalsygroup.org.uk)

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