Skip to main content

Contact us to arrange your
FREE initial consultation

Call me back Email us
 

When a baby is injured during a difficult birth, it can be hard for parents to distinguish swift, emergency action from negligent care. One of the rare but disabling injuries that can be caused by excessive force or incorrect handling of an obstructed labour is brachial plexus nerve damage, also known as Erb’s palsy. 

For over 30 years Boyes Turner’s birth injury lawyers have recovered the highest compensation awards to help clients affected by paralysis, weakness and restricted movement from Erb’s palsy manage their condition and lead active and rewarding lives.

Recent cases include:

  • £1.4 million settlement for a young woman who suffered a brachial plexus injury at birth as a result of the midwife using excessive force to deliver her when the birth was obstructed by shoulder dystocia. Our client’s case had originally been investigated by another firm of solicitors when she was six years old. They had valued the claim at £6,000 and discontinued their investigations because they thought it too difficult to prove. 14 years later, as a young adult, when she instructed Boyes Turner’s clinical negligence team to investigate her claim, we secured an admission of liability from the defendant hospital and £1.4 million compensation for our client.
  • Admission of liability for a two-year-old girl who suffered a brachial plexus injury and Erb’s palsy as a result of negligent maternity care during her mother’s pregnancy, labour and delivery. As a large baby with a predicted birthweight of 4.7kg, our client and her mother were at increased risk of the birth being obstructed by shoulder dystocia. When shoulder dystocia occurred, instead of using standard manoeuvres to deliver the baby safely, the registrar used forceful pulling to achieve a forceps delivery. We secured an admission of liability and interim payment to meet our client’s needs until she reaches an age where her future needs and the value of her claim can be properly assessed.
  • £300,000 compensation for a boy who has been left with Erb's Palsy and a weakened left arm as a result of negligent maternity care during his obstructed delivery. The maternity team failed to carry out the correct manoeuvres to deliver him safely when his birth was obstructed by shoulder dystocia. The hospital accepted liability (fault) for the claim and, once our client’s future disability and needs could be properly assessed, we were able to negotiate settlement.

What is Erb’s palsy?

Erb’s palsy is one of several names given to the disabling condition which follows injury to the brachial plexus nerves. It is also known as brachial plexus nerve injury, brachial plexus paralysis or Erb-Duchenne palsy. It can occur during a difficult or obstructed delivery when the baby’s brachial plexus nerves which give movement or feeling to an arm are stretched, bruised or torn by excessive traction (pulling) on the baby’s head, causing weakness or paralysis in the arm.

The severity and duration of the child’s disability depends on the type of nerve damage but can range from mild and short-term to lifelong and severe.

Read more

What is the brachial plexus?

The brachial plexus is a network of five nerves:

  • the four lower cervical nerves (C5, C6, C7 and C8);
  • the first thoracic nerve (T1)

The brachial plexus nerves run down the spinal cord and emerge from between the vertebrae (bones of the spine) in the neck, passing under the collarbone to form the major nerves of the arm. These nerves give movement and feeling to the arm by conducting signals from the spinal cord to the muscles and skin of the chest, shoulder, arm, and hand.

Read more

What maternity mistakes lead to compensation claims for Erb’s palsy?

Boyes Turner have helped recover compensation for clients affected by Erb’s palsy after:

  • unnecessary traction (pulling) and force has been applied to the baby during delivery;
  • failure to follow the protocol and recommended manoeuvres for shoulder dystocia;
  • hospital failure to take into account the baby’s weight and size before delivery:
  • failure to anticipate and plan for the risk of shoulder dystocia;
  • failure to perform a caesarean section if there are clinical indications to do so;
  • failure to counsel the mother of a large baby about the risks of Erb’s palsy and plan an appropriate method of delivery;
  • failure to recognise and treat maternal diabetes.
Read more

My child has Erb’s palsy - will they be able to live and work independently?

Brachial plexus nerve injury, or Erb’s palsy, can leave the child with permanent physical impairments, such as restricted movement of the shoulder and arm, paralysis or weakness of the arm and reduced grip strength in the hand on the affected side. Living with Erb’s palsy makes everything more difficult, whether at home, at school or at work, and affects the individual’s ability to participate in some sports and leisure activities.  

Every client’s abilities, circumstances and impairments will be unique. We work closely with each client, their family and our experts to understand their injury and the restrictions that their disability imposes on their life, so that they receive compensation which eases their hardship and meets their needs.

Read more

How does Boyes Turner help clients with brachial plexus nerve injury/Erb’s palsy?

Boyes Turner’s childbirth injury specialists are experts in securing top-level compensation payments for clients with Erb’s palsy from maternity errors at birth. Our clients benefit from the best settlements as a result of our extensive experience of successful claims.

We understand the causes and lifelong effects of brachial plexus nerve injury and the way Erb’s palsy affects our clients’ lives. Our careful, thorough and personalised valuation of each client’s disability enables us to claim and achieve the compensation that will maximise their independence and enable them to live life to the full.

Read more

How much compensation can I claim for Erb’s palsy or brachial plexus nerve injury?

Boyes Turner have helped clients with permanent Erb’s palsy disability from maternity mistakes recover compensation for:

  • the cost of therapies, such as:
    • physiotherapy;
    • occupational therapy (OT);
    • psychological counselling;
  • specialist aids and equipment;
  • adapted vehicles;
  • care and assistance;
  • adapted accommodation;
  • replacement of loss of earnings;
  • private medical care, such as surgery;
  • assistive technology;
  • special educational assistance.
Read more

Contact us today

  • No upfront costs & no win, no fee
  • Accredited legal experts
  • Help accessing rehabilitation
  • Free & no obligation initial advice

Call us free 0800 124 4845

Call our specialist legal teams Monday - Friday, 9:00 - 17.30 for free, no obligation advice.

Call us now

Start your claim today

Complete our simple form to start your claim and get a call back back from our expert legal team.

Start your claim
Get help today
  • No upfront costs & no win, no fee
  • Expert rehabilitation help
  • Free & no obligation initial advice

Meet your specialist team

Our specialist Erb's palsy claims team are considered leaders in the field and have a significant amount of expertise.
Susan Brown photo

Susan Brown

Partner

Julie Marsh headshot

Julie Marsh

Partner

Richard Money-Kyrle headshot

Richard Money-Kyrle

Partner

Sita Soni headshot

Sita Soni

Senior Associate - solicitor

Vanessa Wand photo

Vanessa Wand

Senior associate - solicitor

Tara Byrne photo

Tara Byrne

Associate - Solicitor

Rachel Makore headshot

Rachel Makore

Associate - solicitor

Alpa Rana headshot

Alpa Rana

Associate - solicitor

Fran Rothwell

Fran Rothwell

Associate solicitor

Ben Ireland headshot

Ben Ireland

Solicitor

Alice Carley headshot

Alice Carley

Paralegal

Audrey Elmore headshot

Audrey Elmore

Medical records coordinator

Nicky Melville headshot

Nicky Melville

Professional support assistant

Susan Brown photo
Julie Marsh headshot
Richard Money-Kyrle headshot
Sita Soni headshot
Vanessa Wand photo
Tara Byrne photo
Rachel Makore headshot
Alpa Rana headshot
Fran Rothwell
Ben Ireland headshot
Alice Carley headshot
Audrey Elmore headshot
Nicky Melville headshot

Related news

Related cases

What causes Erb’s palsy during childbirth?

What are the different types of Erb's palsy injuries?

What are the effects of Erb’s Palsy?

Who is at risk of Erb’s palsy?

What are the treatments for Erb's Palsy?

How much compensation can you get for medical negligence?

How to make a medical negligence claim?

How long do medical negligence claims take?

How to fund a medical negligence claim?

Will I need a medical examination if I make a medical negligence claim for compensation?

Can I make a claim on behalf of a child?

What can medical negligence compensation pay for?

What is HSSIB?

How can you prove medical negligence?

Is there a time limit for claiming medical negligence compensation?

Will I need to go to court to claim medical negligence compensation?

What is causation in medical negligence claims?

Can I claim against the NHS?

Who can make a medical negligence claim?

What is MNSI?

Erbs palsy cases

View all

Awards & Accreditations

Our teams have been nationally recognised over the past decade for their dedication and commitment to securing maximum compensation for our clients

             Brake | The Road Safety Charity

"Honest, approachable and truly empathetic"

What has to be some of the most testing horrible times was dealt with in a dignified, honest, approachable and truly empathetic manner. I could not begin to do Susan justice for her handling of our case.

Boyes Turner Client

"they kept us fully informed "

I approached Boyes Turner after my claim was turned down by one of the Medical Negligence Claim company. My wife was a victim of medical negligence.

Boyes Turner have acted so efficiently on our behalf and was able to win our case. Anytime we contact them, their customer service was very good as they kept us fully informed of every level our case has developed. They are very friendly and approachable and great in their professional advise. I would strongly recommend anyone approach them for their legal and medical negligence services.

Boyes Turner Client

"Thoroughly professional, knowledgable and approachable"

Thoroughly professional, knowledgable and approachable with communication and updates as and when needed, in what can be a drawn out process, I was always comfortable asking questions and always received answers which were clear and understandable. Highly recommend

Boyes Turner Client

"Amazing professional firm"

I came to Boyes Turner desperate after searching the web for a firm to use for my sons case. He was only a few months so my mind was all over the place, but from the very first point of contact I felt a sense of relieve and belonging. I was welcomed and looked after by amazing staff who always communicated everything so well and went the extra mile to explain things and ensure I understood what was happening every step of the way (THANK YOU SUSAN BROWN). Susan was amazing I felt like I not only had a solicitor but someone who understood my emotions as a mother and always handled me with so much compassion and that was all I needed to keep me going for the 6 years of the case. Years went by in a breeze because of how professional Boyes Turner was. I am so greatful I went through it all with them and mananged to get my son a good compensation. We look forward our new life where my sons needs are priority after struggling for so long. Thank you Boyes Turner and thank you Susan Brown. My family and I are ever indebted.

Boyes Turner Client

"I couldn’t fault them they have been brilliant throughout the whole process"

From the moment I picked up the phone and spoke to Richard Money-Kyrle I knew I had done the right thing by choosing Boyes Turner to take our claim forward and to represent my son. Both Richard Money-Kyrle and Alpa Rana have worked on our case and they both have been amazing throughout, explaining every step of the way and anything we didn’t understand and keeping me updated constantly. This gave me and my family a lot of reassurance.

Both Richard and Alpa are friendly and gained my trust and have been really easy to talk to which has made the process a whole lot easier and smoother than anticipated.
The outcome of the claim was far more than I could have wished for and that was down to their hard work and expertise

I couldn’t fault them they have been brilliant throughout the whole process I would recommend Boyes Turner to anyone.

Boyes Turner Client
Rated Excellent 4.8/5