Erb's Palsy Claims in Ireland

When medical negligence during delivery causes Erb's Palsy, the impact on your child's life can be profound. We understand the heartbreak of watching your child struggle with arm weakness and limited movement, and we're here to help you secure the compensation and support your family deserves.

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What Is Erb's Palsy?

Erb's Palsy, also known as brachial plexus birth palsy or Erb-Duchenne paralysis, is a nerve injury affecting the shoulder, arm, and hand. It occurs when the brachial plexus—a network of nerves running from the spine through the neck and into the arm—is damaged during birth.

The condition manifests as weakness or paralysis in the affected arm. Babies with Erb's Palsy typically cannot move their shoulder or elbow properly, and the arm often hangs limply at their side with the hand turned inward. The severity varies from temporary weakness that resolves within weeks to permanent paralysis requiring lifelong treatment.

While Erb's Palsy can occasionally result from unavoidable complications, many cases are caused by excessive force applied during delivery—particularly when shoulder dystocia (the baby's shoulder becoming stuck behind the mother's pubic bone) is mismanaged. When healthcare professionals fail to follow proper protocols or use inappropriate traction, the resulting nerve damage is often preventable medical negligence.

How Does Erb's Palsy Occur During Birth?

Erb's Palsy most commonly occurs during difficult deliveries where the baby's shoulder becomes stuck (shoulder dystocia). This emergency situation requires skilled, calm management. Unfortunately, when healthcare professionals panic or use excessive force to deliver the baby, they can stretch or tear the delicate nerves in the baby's neck and shoulder.

Common Causes of Erb's Palsy Due to Negligence

  • Excessive pulling or traction on the baby's head and neck during delivery
  • Improper use of forceps or vacuum extraction devices with too much force
  • Failure to recognize risk factors for shoulder dystocia before delivery (large baby, maternal diabetes, prolonged labour)
  • Delayed decision to perform a caesarean section despite clear warning signs
  • Poor management of shoulder dystocia when it occurs—not following established protocols like the McRoberts manoeuvre
  • Inadequate monitoring during labour missing signs that the baby is too large for vaginal delivery
  • Applying downward pressure on the baby's head when the shoulder is stuck (fundal pressure), which is medically contraindicated

Medical guidelines are clear on how to safely manage shoulder dystocia. When these protocols are ignored or executed poorly, and Erb's Palsy results, that constitutes medical negligence. Your obstetrician, midwife, or hospital may be held accountable for the harm caused to your child.

Types and Severity of Erb's Palsy

The brachial plexus can be injured in different ways, leading to varying degrees of severity:

Neuropraxia (Stretching)

The mildest form, where nerves are stretched but not torn. Most babies with neuropraxia recover fully within 3-6 months without surgery. This accounts for about 70% of cases.

Neuroma (Scar Tissue)

Stretched nerves heal but develop scar tissue that can impede nerve signals. Partial recovery is possible, but some permanent weakness often remains. Surgery may help improve function.

Rupture (Torn Nerves)

The nerve is torn but not at the spine. This requires surgical repair—nerve grafts may be needed. Recovery is limited even with surgery, and significant permanent weakness is common.

Avulsion (Nerve Torn from Spine)

The most severe injury—the nerve is torn away from the spinal cord. This cannot be surgically reattached and results in permanent, complete paralysis of the affected muscles. Nerve transfers and tendon transfers may provide some improvement but cannot restore full function.

Long-Term Impact on Your Child

The consequences of Erb's Palsy extend throughout childhood and into adulthood. Children with permanent Erb's Palsy face:

  • Limited arm movement and strength: Difficulty lifting, reaching, carrying objects, and performing two-handed tasks
  • Delayed developmental milestones: Crawling, walking, and coordination may be affected
  • Muscle atrophy: The affected arm may be noticeably smaller and weaker than the healthy arm
  • Joint contractures: Stiffness and reduced range of motion in shoulder, elbow, and wrist
  • Chronic pain: Some children and adults experience ongoing discomfort
  • Psychological impact: Self-consciousness, frustration, bullying, and reduced self-esteem
  • Educational challenges: Writing, sports, and physical activities may be difficult
  • Career limitations: Many professions requiring full arm function become inaccessible
  • Ongoing treatment needs: Physiotherapy, occupational therapy, potential surgeries, orthotics, and pain management

For severe cases, multiple surgeries may be required during childhood and adolescence. Even with excellent care, some children never regain full arm function. Parents often worry about their child's future independence, employment prospects, and ability to participate fully in life's activities.

Treatment and Rehabilitation

Early intervention is crucial. Most babies with Erb's Palsy require:

  • Physiotherapy: Starting within the first few weeks to maintain range of motion and prevent contractures
  • Occupational therapy: Helping develop adaptive strategies for daily activities
  • Specialist assessment: Paediatric neurologist and orthopaedic consultations to determine prognosis and surgical needs
  • Surgery: Nerve grafts, tendon transfers, or muscle releases may be necessary if recovery plateaus
  • Orthotics and splinting: Devices to support proper positioning and prevent deformities
  • Pain management: For children experiencing chronic discomfort

The financial burden of Erb's Palsy treatment is substantial. Families face years of private physiotherapy costs, specialist consultations, potential surgical procedures, adaptive equipment, and in severe cases, modifications to the home environment. Compensation from a successful claim can provide financial security for your child's lifetime needs.

How We Can Help

Erb's Palsy cases require specialist medical and legal knowledge. We work with leading obstetric experts, neurologists, and orthopaedic surgeons to thoroughly investigate your child's birth and determine whether medical negligence occurred.

Our Approach to Erb's Palsy Claims

  • We obtain all birth records and CTG (foetal monitoring) traces to reconstruct what happened
  • Independent obstetric experts review the delivery management and assess whether proper protocols were followed
  • Paediatric neurologists and orthopaedic specialists evaluate your child's current condition and future prognosis
  • We calculate lifetime costs including therapy, surgery, lost earning capacity, and care needs
  • We handle all legal proceedings so you can focus on your child's treatment and development
  • Richard O'Shea personally oversees each case with compassion and determination

Compensation for Erb's Palsy

Erb's Palsy compensation claims can be substantial, particularly for severe, permanent injuries. Awards typically include:

  • General damages: For pain, suffering, loss of amenity, and psychological impact
  • Medical costs: All past and future treatment, therapy, surgery, and specialist consultations
  • Care costs: Additional parental care during childhood and potential adult care needs
  • Loss of earnings: Reduced earning capacity if the injury limits career options
  • Equipment and aids: Orthotics, adaptive technology, home modifications
  • Educational support: Special needs assistance, tutoring, or alternative educational pathways

Every case is unique. The severity of your child's injury, their age, prognosis, and individual circumstances all affect the compensation amount. We work with medical experts and financial specialists to ensure your claim reflects the true, lifelong impact of the negligence.

Get Expert Legal Help for Your Child

If your child has Erb's Palsy and you believe it was caused by medical negligence during delivery, contact Richard O'Shea and our specialist birth injury team. We'll provide a confidential assessment of your case and explain your legal options with clarity and compassion.