Overcoming The Odds: Securing £350,000 Compensation For A Client With Permanent Erb’s Palsy

What appeared to be a lost opportunity for justice became a life-changing outcome for a client living with permanent Erb’s palsy. Despite significant legal and evidential challenges, Solicitor Carla Duprey and Senior Paralegal Ewa Feerick successfully secured a £350,000 settlement, providing vital financial support and recognition of the lasting impact of a traumatic birth injury.

This case was a highly complex Erb’s palsy clinical negligence claim arising from a traumatic birth that resulted in a permanent brachial plexus injury. The client’s mother approached Bond Turner in January 2020 after being let down by previous solicitors, where the case files had been closed following unsupportive evidence. By the time Bond Turner was instructed, the mother’s own claim issued previously for limitation purposes had been discontinued and was statute barred.

Despite these significant obstacles, Solicitor Carla Duprey, supported by Senior Paralegal Ewa Feerick, carried out a meticulous review of the medical records and legal history. Their expert analysis identified that, notwithstanding the earlier setbacks, the client himself had a strong and viable claim, ensuring the opportunity for justice was not lost.

The client was an exceptionally large baby, weighing 12lb 8oz. His mother reports repeatedly requesting a caesarean section, but despite her concerns, delivery proceeded vaginally. During birth, his right shoulder became lodged in the birth canal, causing injury to the C5 and C6 nerve roots and resulting in a right sided brachial plexus injury. As a result, the client has been left with permanent Erb’s palsy, continuing to experience reduced movement, chronic pain and an inability to lift or rotate his right arm normally, despite undergoing shoulder surgery.

The injury has had a profound and lasting impact on every aspect of the client’s life, including his education, hobbies and future career prospects. He also developed significant psychological symptoms, formally diagnosed as Adjustment Disorder with Mixed Anxiety and Depressed Mood.

Under Carla’s direction, extensive expert evidence was obtained from leading specialists in obstetrics, orthopaedics, pain management, physiotherapy, occupational therapy and psychiatry. When the original obstetric expert, Professor Draycott, sadly passed away during the progression of the case, Carla and Ewa acted swiftly to instruct an alternative expert, ensuring continuity and securing further supportive evidence without delay.

Liability was fully denied by the Defendant, meaning no interim payments were available. Throughout this challenging period, Carla and Ewa provided unwavering support to the client and his family. This included offering clear and compassionate guidance, helping with applications for state benefits and assisting the family in accessing limited NHS support — ensuring they were not left to cope alone while the litigation progressed.

Through determined negotiation and a strategic approach, the Defendant was ultimately persuaded to engage in settlement discussions. The claim successfully settled without the need for court proceedings, securing £350,000 in compensation for the client.

Thanks to the dedication, expertise and tireless commitment of Solicitor Carla Duprey, with invaluable support from Senior Paralegal Ewa Feerick, vital compensation was achieved for a client who had received very limited support throughout his life providing financial security and recognition of the significant challenges he continues to face.