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Posted on 17th May 2017

Teenage boy who suffered shoulder injury at birth is awarded compensation

During the birth of the teenager, his shoulder became lodged causing a serious shoulder injury called shoulder dystocia (nerve damage).

The boy who also has Aspergers, unrelated to his birth injury, suffers from complete paralysis of his upper arm, reduced grip and pins and needles. He also cannot perform normal day to day tasks such as dressing himself and brushing his hair.

The Royal Berkshire NHS Foundation Trust has admitted liability and Judge Richard Pearce ruled that the trust must pay compensation to settle the case.

The boy’s mum commented “he will need help with everyday things around the house and may not be able to drive. His quality of life has been significantly affected by the negligence”

Judge Pearce commented “He is fortunate to live with a mother and sister who provided him with considerable support and assistance. They are to be thanked and given credit for what they have done for him in the past and what they will continue to do for him in the future”


Injuries during the birth of a baby can happen to both baby and mum. Injuries range from infections to cerebral palsy and brain injury.

When a baby gets lodged as in this case, the midwives must ensure a speedy delivery of the baby to avoid any long term complications from a brain injury. The delivery team must also ensure that baby is delivered without sustaining an injury that could have been avoided.

Our sister company Stewart House Limited comments "taken from the birth injury compensation claims where we have provided expert witness evidence, Shoulder Dystocia isn’t always caused by a negligent act and the extension of an episiotomy towards the rectal sphincter may not always be negligent. The key is very much in the finer details as to what happened at the time."

If you think you or your baby have suffered a birth injury that could have been avoided, contact us on 0330 355 9210 or for a FREE CLAIM ASSESSMENT.