Archive for April, 2014

Man Resolves compensation Claim for Nerve Damage he Sustained at Birth Through Out-of-Court Negotiations

April 28th, 2014 | By licnewsadmin

A man who was paralysed in his arm at birth has settled him compensation claim for his at-birth nerve damage through out-of-court negotiations for £450,000 after the family’s local health board admit liability for the damage.

The man, Jamie Lewis from Caerphilly in South Wales, was born in 1991. During his delivery at the Royal Gwent Hospital in Newport, he was not able to move from the birth canal. Midwives and doctors that were trying to free him used too much force and the baby was delivered with nerve damage to his arm similar to that seen in Erb’s Palsy.

Medics hoped that the nerve damage was lessen as the little boy grew up, but this never happened. Mr Lewis’ left arm remained paralysed for his life and he was subsequently diagnosed with permanent paralysis and disability. As such, he was unable to partake in some activities, including cycling, and his social development was hindered because he became a victim of bullying.

Mr Lewis’ mother, Cheryl, attempted to make a compensation claim on behalf of her son against the health board, but the solicitor from whom she had sought advice declined to accept the case. Mrs Lewis then dropped the claim, until it was revived again a few years later when the family were encouraged to try again in their attempts to get compensation for the nerve damage inflicted upon Mr Lewis.

When Mr Lewis had reached the legal age at which he was able to represent himself, eighteen, he too sought legal counsel from a solicitor. This time, the legal professional believed the family had grounds to make a viable claim against the health board. The solicitor helped Mr Lewis make a compensation claim against the Aneurin Bevan University Health Board, and claimed that when Mr Lewis was stuck in his mother’s birth canal, the on-hand doctors failed to follow correct procedure to free him.

The health board eventually conceded liability in the case, and out-of-court negotiations resulted in a compensation settlement for Mr Lewis of £450,000 for the nerve damage he sustained at birth.

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