Erb’s Palsy is a paralysis of the arm caused by injury to the upper group of the arm’s main nerves.

Erb’s Palsy claims are complex. At one time, all obstetric brachial plexus injuries (OBPI) were thought to be the fault of the midwife or doctor on the basis that too much force was used during the delivery of the shoulders. However, over the past decade there have been increasing reports of OBPI in the absence of excessive force having been applied. Medical literature has suggested that some OPBI can in fact be caused by pressure caused through contractions when the mother is pushing. This means it is more important to instruct a solicitor who knows what they are doing.

Our solicitors have a wealth of experience in detailing with brachial plexus injuries. Our knowledge of handling claims in this area allows us to obtain the subtle and complex evidence necessary to allow you to obtain compensation for your child. Public Funding (Legal Aid) remains available for birth injury compensation claims and only your child’s income (if any) will be taken into account. Bindmans are franchised by the Legal Aid Agency to carry out such claims.

Neonatal hypoglycemia is a condition where a newborn baby’s blood sugar (glucose – the main fuel for the brain and the body) falls to a very low level. Once the baby’s umbilical cord has been cut, they no longer receive a supply of glucose from their mother, so they need to maintain their own blood sugar levels through feeds. 

A transient reduction in blood glucose is expected as part of metabolic adaption following birth. This should resolve itself within the first 48 to 72 hours of life. However, a minority of newborn babies experience prolonged and severe hypoglycemia if the symptoms are not recognised and the baby’s blood levels are not monitored and restored through feeding, or, in more acute circumstances, an intravenous glucose drip.

A prolonged and severe state of hypoglycemia can result in permanent brain damage leaving the baby with severe and long term neurological and cognitive disabilities, seizures and developmental delay. The extent of the injuries is dependent on the extremity of the index injury.

Whilst all babies are at risk of developing neonatal hypoglycemia, certain babies are at a higher risk. Most babies with hypoglycemia are initially asymptotic and detection is based on surveillance of babies who are at high risk of developing hypoglycemia, such as:

• Babies born to mothers with diabetes
• Babies who are born premature or with a low birth weight
• Babies who are born under significant stress
• Babies who have an inadequate amount of external feeding i.e. have a poor suck and/or are vomiting
• Babies who have a low body temperature shortly after birth
• Babies who suffer a hypoxic-ischaemic event during birth (In other words, they are born with significant stress)

A newborn’s blood sugars can be tested by a simple blood test. Symptoms of a baby suffering from neonatal hypoglycemia include:

• Difficulty maintaining a normal body temperature
• Lethargy, pale and floppy
• Trembling
• Poor feeding
• Vomiting
• Irritability, jitteriness, or grunting

The consequences of neonatal hypoglycemia can be extremely serious, resulting in long term disabilities and in grave circumstances, death as a result of complete energy failure.

A clinical negligence case can be brought against a trust where there have been delays in obtaining blood glucose test results, delays in taking subsequent action, delays in administration of IV glucose, giving an insufficient or incorrect dosage of IV glucose, delayed attendance by the paediatrician, and failures to address the mother’s concerns, and as a result; a child has suffered from permanent and serious injuries. In our experience, problems typically seem to arise after the midwifery team fail to notice that the baby is not feeding properly after birth, either by not feeding at all or by failing to latch & suck. The problems seem to arise more frequently in first-time mothers as they are not as familiar with the typical feeding patterns of a newborn.   

Our specialist clinical negligence team are experienced in obtaining compensation for children whose neurological disability has been caused as a result of substandard care during or shortly after birth. We are dedicated to assessing the full impact of the injury and ensuring our clients are fully compensated alongside obtaining rehabilitative therapies to aid with a child’s development.

To establish liability, it has to be proven that the care received was substandard and what ultimately caused the injury. Our medical negligence solicitors are able to assess the medical treatment to determine whether there is a valid claim.

In cases where liability is admitted we obtain Interim Payments and Rehabilitation to allow the family to buy properly adapted accommodation, equipment, and pay for therapies and care. Case managers are employed to advise on equipment, care, and vehicles.