Litigation Personal Injury 13/12/99

James Peter Woods (by his mother & next friend Denise Woods) v Bromley Hospitals NHS Trust (1999) QBD (Buckley J) 21 October 1999

Claimant: Male, newborn at date of accident; 4 years old at date of settlement.

Incident: The claimant's mother attended the defendant's hospital for the birth of her son. During labour it was found that the claimant's shoulder was stuck in the birth canal. The claimant was born by ventouse extraction.

Injuries: The claimant sustained a brachial plexus injury and suffered from Erb's palsy in his right arm, secondary to shoulder dystocia. His condition was permanent.

Award: £100,000 total damages (out of court settlement). The court noted the amount was low but approval was given as the parents wanted the matter to be resolved quickly.

Claimant's counsel: Peter Wright

Claimant's solicitor: Evill & Coleman