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Compensation of £1.25m Recovered for Client who sustained a Brachial Plexus Injury at Birth

We recently successfully recovered compensation for a client in his early 20’s who suffers from Erb’s Palsy as a consequence of injuries he sustained at birth.

At the time our client was delivered, a shoulder dystocia had occurred, and the process used to deliver him caused him to sustain a Brachial Plexus injury. This injury left him with a significant disability in the left arm and shoulder.

We sued the Health Board who denied that the Midwife responsible for the delivery of our client had been negligent. They maintained this defence throughout the case and indeed invited our client to abandon his case on two separate occasions.

The expert evidence we obtained clearly supported our client’s position however and the offers to abandon the litigation were rejected. The case was set down for a two week Proof in June this year and, prior to the Proof, the Defenders advised us that they wished to settle the claim.

We ultimately negotiated a settlement of £1,250,000. This sum will ensure that our client, who is left with a permanent disability as a result of the injuries he sustained at birth, will be able to live independently receive any care he requires.

David McElroy, a Partner in our litigation team, was responsible for this case. He said “This result was a significant one for our client as he and his mother have lived with the terrible consequences of his Brachial Plexus injury for over two decades. Their resolve was a key factor in the success of this case. I am delighted that, after many years pursuing this matter, we recovered such a large sum for our client.”

Dallas McMillan’s expert clinical negligence team are highly experienced in assisting people who have sustained birth related injuries. If we can assist you in any way, please contact David McElroy on 0141 333 6750 or This email address is being protected from spambots. You need JavaScript enabled to view it.

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Dallas McMillan helped me with my accident claim and were very supportive throughout the process and yielded positive results.

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