When a baby is injured during a difficult birth, it can be hard for parents to distinguish swift, emergency action from negligent care. Excessive force or incorrect handling of an obstructed labour can result in upper limb disability from brachial plexus nerve injury, also known as Erb’s palsy.
We understand the causes and lifelong effects of brachial plexus nerve injury and the way Erb’s palsy affects our clients’ lives. Our birth injury expertise and specialist, personalised valuation of each client’s disability enables us to secure the compensation that they need to maximise their independence and live fulfilling lives.
Get in touch with our experienced medical negligence solicitors - we can help.
For over 30 years Boyes Turner’s birth injury lawyers have recovered the highest compensation settlements to help clients affected by paralysis, weakness and restricted movement from Erb’s palsy manage their condition and lead active and rewarding lives.
If you are a parent of a child or teenager with disability from brachial plexus injury, you can contact us by telephone or by email for free, confidential advice from a medical negligence solicitor. We will ask you to tell us briefly about your birth experience and your child’s injury, and advise you about any time limits which may apply and whether we can help you investigate your child’s claim.
Once our investigations confirm you have grounds for a claim, we will notify the defendant healthcare provider (usually represented by NHS Resolution) on your behalf and invite them to respond, giving them an opportunity to admit liability (responsibility for your injuries) before court proceedings are issued. If liability is admitted, we will obtain a judgment from the court and apply for a substantial interim payment to meet your child’s needs arising from their injury and disability. If NHS Resolution deny liability, we will advise you about the best way to proceed your claim. This may involve issuing court proceedings or inviting NHS Resolution to enter into settlement negotiations or mediation.
Partner, Medical negligence
The brachial plexus is a network of five nerves, including the four lower cervical nerves (C5, C6, C7 and C8) and 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.
Erb’s palsy is one of the names used to describe the upper limb paralysis, weakness, loss of mobility and functional disability which follows an injury to the brachial plexus nerves. Other names for the same condition include brachial plexus nerve injury, brachial plexus paralysis or Erb-Duchenne palsy.
Erb’s palsy birth injury 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.
The brachial plexus nerve injury which leads to Erb’s palsy is often caused by negligent care during the delivery of a 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.
There is a greater risk of Erb’s palsy injury when the birth involves:
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.
The risk of injury leading to Erb’s palsy increases where the baby’s head is disproportionately large for the mother’s pelvis. This is known as ‘cephalopelvic disproportion’ and can happen if the baby is big or is incorrectly positioned for delivery, or the mother’s pelvis is small or unusually shaped. If there is a risk of cephalopelvic disproportion, the mother should be warned of the risk of Erb’s palsy during vaginal delivery and a caesarean section may be recommended.
Erb’s palsy can occur if the delivery is obstructed by ‘shoulder dystocia’. This happens when the baby’s head descends into the birth canal but becomes stuck during delivery because one or both shoulders become wedged behind the mother’s pubic bone. The ‘stuck’ baby must be handled very carefully by the midwife or doctor to be delivered safely. Any excessive traction (pulling) on the head during attempts to deliver the baby can cause injury to the baby, including damage to the brachial plexus nerves, resulting in Erb’s palsy.
Erb’s palsy can also be caused by pressure on the baby’s arms during a breech (feet first) delivery.
Boyes Turner have helped recover compensation for clients affected by Erb’s palsy after:
The type of Erb’s palsy injury depends on the extent of the damage to the nerves. Identification of the type of nerve injury can help with treatment decisions and predicting the child’s long-term outcome, but Erb’s palsy injuries do not always fit neatly into one category. Erb’s palsy can be caused by:
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 any treatment that is needed can be 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.
Treatment after brachial plexus injury may include:
We have recovered compensation for clients who have been left with permanent disability from brachial plexus and Erb’s palsy birth injury including;
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. 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.
Our birth injury solicitors have helped clients with permanent Erb’s palsy disability caused by negligent maternity care recover compensation for:
Our birth injury lawyers negotiated a £1.4 million settlement for a young woman who suffered a brachial plexus injury at birth. Our client’s case had previously been investigated by another firm of solicitors when she was six years old. They had discontinued investigations on the claim, which they valued at £6,000, on basis that the case would be too difficult to prove. 14 years later, when the adult* claimant was old enough to do so, she instructed Boyes Turner’s clinical negligence team to investigate her claim.
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I can’t thank you enough for taking on my case and believing in my claim - it means so much. I have been processing this after our call and it is a massive relief to finally bring this to an end - although it won’t bring back the sight lost - I hope lessons for the Trust have been taken on board so no-one else has to suffer like I have. The awarded monies will help with any assistance I may need in the future and take the pressure off a little to work so hard . I honestly want to thank you and your team from the bottom of my heart.
My daughter was born with a severe brain injury and was severely disabled as a result, I approached Boyes turner when she a few months old because I wanted answers. I remember the day well sitting in the carpark in total shock and dismay having been to a serious incident meeting within the hospital, the tone of that meeting had been to deny there had been any wrongdoing on the hospitals part and they tried to blame me. I mustered the courage to contact BT and it was the best decision I have ever made. From start to finish they have been professional, kind, explained the process through every step of the way, empathetic, responsive, they not only got me the answers I needed by instructing top of their class experts, they also won my daughter an award that now means she can be looked after, with the correct input and in the right accommodation for the rest of her life. Nothing can take the pain away of what happened to my little girl but with Boyes Turner's help we are now able to give her the life she deserves and I will be forever grateful
The team that worked my case we're all friendly and helpful, honest and transparent, just what you need in a legal team. They explained everything in a manner I understand and always kept me up to date on progress. If I need a legal team again I will not hesitate to contact Boyes Turner.
At all times we felt guided, supported and encouraged that we were doing the best for our son and it is a credit to your dedication and professionalism that, following the outcome of claim, we have now in fact have secured that future for our son.
The support we received from Boyes Turner and our specific solicitors was exceptional. As a family, we would all highly recommend them to anyone. They were consistently knowledgeable, kind and professional throughout, always putting our son at the centre of our fight for justice.
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