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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.

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.

Starting your Erb’s palsy claim

If you are a parent of a child who has Erb's palsy, you are eligible to make a claim if the condition was caused by medical negligence during birth.

To help investigate your Erb’s palsy claim, we will obtain medical records, any investigation documentation and treatment protocols. We will then take a detailed witness statement from you and others as necessary, and instruct independent medical experts to consider the care you received and the consequences for you of the failings in your care.

The defendant may accept responsibility for your injury as a result of negligent care, and we may be able to negotiate the appropriate compensation award at this point.

If settlement is not achieved, we will start court proceedings and take your case towards trial keeping the defendant under pressure to agree settlement of your claim. Over 95% of cases succeed without the need for trial but every case is prepared on the basis that a judge will need to decide all the issues in your claim that the defendant has not admitted.

 

Why choose Boyes Turner?

Boyes Turner’s Erb's palsy solicitors 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.

Erb's palsy claims frequently asked questions

What is the brachial plexus?

The brachial plexus is a network of five nerves:

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Who is at risk of Erb’s palsy?

The brachial plexus nerve injury which leads to Erb’s palsy is often caused by negligent management of the delivery of the baby. Excessive traction (pulling) on the baby’s head and failure to use recognised safe techniques to release the baby from its ‘stuck’ position can leave the child with lifelong disability.

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What causes Erb’s palsy during childbirth?

Erb’s palsy or brachial plexus injury is caused when there is too much traction (pulling) on the baby’s head and shoulders during a vaginal delivery.

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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:

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

The type of Erb’s palsy injury depends on the extent of the damage to the nerves. Some injuries don’t fall neatly into one category. It is helpful to identify the type of nerve injury, if possible, as this can help with treatment decisions. It also makes it easier to predict the child’s long-term outcome and how they will be affected by their injury in future.

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What are the effects of Erb’s Palsy?

Erb’s palsy specifically affects the arms, in particularly the C5 and C6 nerves in the brachial plexus. These nerves are badly damaged or severed completely, which leads to mobility problems in the arms.

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Will my child has Erb’s palsy be able to live and work independently?

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.  

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What are the treatments for Erb's Palsy?

When a baby suffers a brachial nerve plexus injury, tests should take place as soon as possible to identify which nerves have been damaged, so that treatment is started quickly. If surgery is needed, the sooner it takes place the better the chances of success. Milder brachial plexus nerve injuries may heal, either wholly or partially, without treatment.

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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:

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Erb's palsy resources

  • £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.
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Meet your specialist team

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

Rachel Makore headshot

Rachel Makore

Associate - solicitor

Tara Pileggi-Byrne photo

Tara Pileggi-Byrne

Associate - Solicitor

Alpa Rana headshot

Alpa Rana

Associate - solicitor

Fran Rothwell

Fran Rothwell

Associate solicitor

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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
Rachel Makore headshot
Tara Pileggi-Byrne photo
Alpa Rana headshot
Fran Rothwell
Ben Ireland headshot
Alice Carley headshot
Audrey Elmore headshot
Nicky Melville headshot

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What our clients say

"Amazing support"

Fran has been an amazing support through a very difficult time for me and my family. Always available to speak and kept me in the loop with anything happening, she has been so kind, and I thank her so much for helping and getting my mum the justice she deserved.

Ms Alison

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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.

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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.

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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.

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