Case Study - Daniel

When Daniel was born, on the 5 September 1983. His his delivery was complicated by shoulder dystocia. The delivering midwife pulled hard on Daniel's head in an effort to deliver him and in the process his shoulder blade and 6th and 7th ribs were fractured. Daniel also suffered damage to his brachial plexus nerve resulting in an Erb's Palsy injury function that has had a significant effect upon his life.

Daniel's condition is permanent and he will always have difficulties in moving his arm and shoulder and in raising his hand above shoulder height. He also has poor handwriting and has difficulty with any activity involving the use of two hands together.

The Erb's Palsy injury has caused Daniel a great deal of embarrassment since

The rib fractures healed without complication and Daniel made significant recovery from the damage to his brachial plexus nerve. He was however left with weakness of his right arm and deformity. This resulted in some loss of he perceives himself to be different from the other children. He thinks about his difficulties when alone and this distresses him.

Pain and discomfort in his shoulder in the long term is a possibility and he may require surgery to improve the posture of his arm and to reduce some of the cosmetic disability. There is an approximately 20% risk that over the next 20 - 30 years Daniel will develop osteo-arthritic changes in his shoulder.

Daniel will always have difficulty within the workplace and will not be able to undertake heavy manual work or be able to work in the armed forces, fire service or the police. He will be limited to tasks of a light manual nature or clerical work and so is at a distinct disadvantage on the open labour market.

Clinical negligence specialist Sue Taylor settled Daniel's case for £125,000.