WXW v Surrey & Sussex Healthcare NHS Trust – Settlement of £1 million – October 2023

WXW was delivered at East Surrey Hospital in 2006. WXW’s shoulder became stuck during her birth (shoulder dystocia) and it was discovered after she was born that her right arm was limp. Her parents were advised that it was temporary. But unfortunately this did not prove to be the case and WXW was subsequently diagnosed with a permanent brachial plexus palsy (Group 2) and referred for specialist treatment including surgery. WXW had recovered some useful function in her right arm but it was weaker and the range of movement in the arm and shoulder was reduced.

Clair Hemming was instructed to investigate whether a claim for medical negligence could be brought.

When the Defendant Trust were contacted they argued that the doctor who had delivered WXW followed national and local protocols and provided good care. They suggested that the injury was not caused by the Doctor, but instead was caused by normal processes of labour. Legal proceedings were issued, and this proved to be a very hard fought and protracted case, which involved complex medical issues relating to the process of labour. In addition to preparing evidence to prove negligence, Tozers also undertook extensive investigations as to impact the injury had had on WXW, in order to value the claim. Taking into account the medical and therapeutic treatment WXW would need, the aids and equipment and support required to live an independent life and the impact her disability would likely have on her earnings potential.

At a settlement meeting in 2023, even though the Defendant Trust did not formally admit liability they agreed to pay £1m in compensation and this was approved by the Court in October 2023 as the Claimant was a minor.

PARTNER AND SOLICITOR Clair Hemming 01392 667 692  |  c.hemming@tozers.co.uk

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