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Nerve Damage at Birth Compensation Claim Resolved Out of Court

April 24, 2014

A man, who suffered permanent paralysis to his arm when he was born in 1991, has settled his nerve damage at birth compensation claim for £450,000.

Jamie Lewis from Caerphilly in South Wales was born in 1991 at the Royal Gwent Hospital in Newport and, during his delivery, he became trapped in the birth canal. Doctors trying to free him from the canal used excessive force in the circumstances, and Jamie was born with nerve damage similar to Erb´s Palsy.

It was hoped that as Jamie was growing up the nerve damage would heal itself; but Jamie´s left arm was paralysed and he was later diagnosed with a permanent disability. His disability prevented him from activities such as cycling and he became a target for bullies – which in turn hindered his social development.

Jamie´s mother – Cheryl – started a compensation claim for nerve damage at birth on her son´s behalf against her local health board; but the solicitor she approached declined to accept the case and Cheryl ultimately dropped her action.

Several years later, the family was encouraged to make a fresh nerve damage at birth compensation claim and, when Jamie (now twenty-three years of age) was eighteen years old and of legal age to represent himself, he sought legal advice and this time found a solicitor who felt he had a viable claim.

The solicitor assisted Jamie with the compensation claim for nerve damage at birth and successfully argued against the Aneurin Bevan University Health Board that when Jamie was born, his mother´s doctors had negligently failed to follow the right procedures to release him from the birth canal.

Eventually the Aneurin Bevan University Health Board accepted liability for Jamie´s injuries, and an out of court settlement of compensation for nerve damage at birth was negotiated which will see Jamie receive £450,000.