Medical Negligence News

Compensation Claim for Arm Birth Injuries Settled Out of Court

Posted on: April 22nd, 2014 by Medical Negligence

A man from Caerphilly, who was born with a limb disability due to excessive force being used during his delivery, has settled his claim for arm birth injuries out of court.

Jamie Lewis from Blackwood, Caerphilly, was born in 1991 at the Royal Gwent Hospital in Newport, South Wales, with damaged nerves in his neck and shoulders after doctors at the hospital had used significant force during his delivery to free him from the birth canal.

The nerve damage resulted in Jamie suffering paralysis of his left arm and hand; which, as he grew up, prevented him from pursuing the normal activities of childhood, was an obstacle to his social development and made him a target for bullying.

When Jamie was four years of age, his mother – Cheryl Lewis-Thomas – made enquiries about making a compensation claim for arm birth injuries on her son´s behalf; but the solicitor she approached declined to accept Jamie´s case and his mother took the claim no further.

However, several years later Cheryl Lewis-Thomas was advised to once again attempt a compensation claim for arm birth injuries and, when Jamie was eighteen years of age (he is now 23), he claimed compensation on his own behalf against the Aneurin Bevan University Health Board.

Jamie´s legal representatives argued successfully that the delivery team at the Royal Gwent Hospital had failed to follow the correct procedures when Jamie became stuck in the birth canal and his mother´s doctors were liable for his arm paralysis due to the negligent actions they used to free him.

The Aneurin Bevan University Health Board accepted liability for Jamie´s nerve damage and an out of court settlement of his claim for arm birth injuries was negotiated amounting to £450,000.