Claim for Brachial Plexus Injury After Vacuum Delivery

Airis Nurhana binti Alfian (an infant suing by her father and litigation representative Alfian bin Zainudin) v Darul Aiman Sdn Bhd & Anor [2024] 6 MLJ 552

Summary​

In Oct 2024, the Court of Appeal overturned the High Court’s decision, allowing a medical negligence claim filed by an infant who suffered a brachial plexus injury after treatment at a private hospital.​

In 2013, the infant suffered a brachial plexus injury following her birth. The infant claimed her brachial plexus injury was caused by excessive traction and shoulder dystocia during delivery. The defendants argued that the vacuum extraction was necessary due to poor maternal effort. ​

The High Court dismissed the claim, but the Court of Appeal overturned this decision, stating that the High Court wrongly assessed the evidence and failed to consider the excessive traction that contributed to the injury.​

Compensation Received:​

RM750,000.00:- ​

• Future General Damages: RM478,810​
• Special Damages, General Damages, Pre-Trial Damages: RM300,000​