Erb’s Palsy is usually caused during childbirth and may be a consequence of inappropriate treatment during delivery.

What is Erb’s Palsy?

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

What causes Erb’s Palsy?

Erb’s Palsy injuries most frequently arise following an episode of what is known as shoulder dystocia when the baby is delivered. Typically the baby is large (over 4 kilograms) and its shoulders become stuck. Traction is then applied to attempt to deliver the baby and if this is unsuccessful various other manoeuvres can be tried to attempt to achieve delivery.  The pressure placed on the shoulders during delivery leads to nerves in the brachial plexus being damaged and, on occasion, brain damage can arise due to delays in delivery.

Can a claim be made in relation to Erb’s Palsy?

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.