Erb’s Palsy Compensation Claim

Erb’s Palsy is a form of brachial plexus palsy. The brachial plexus is a group of five nerves that connect the spine to the arm and hand and allow your arm, shoulder, and hand to move freely.

If these nerves are damaged, it can lead to brachial plexus palsy. Damage to the upper nerves in the plexus can result in Erb’s Palsy.

The condition is named after the doctor Wilhelm Heinrich Erb, a German neurologist who published his thesis on it in 1874. However, Erb’s Palsy had been identified (if not named) almost 80 years before by British obstetrician William Smellie in his 1798 treatise on midwifery. 

Erb’s Palsy is most commonly caused by an obstructed labour, also known as labour dystocia. This is where the baby cannot get out of the pelvis because it is blocked.

A large or abnormally positioned infant, a small pelvis, and /or a malformed birth canal are typical causes of an obstructed labour.

The upper nerves of the plexus can be stretched and/or torn by the baby’s head and neck being pulled to the side by the midwife as the infant’s shoulder passes through the birth canal.

Other causes include too much pulling on the shoulders using forceps or pressure on raised arms if the baby presents in the breech position.

If you or your child suffered Erb’s Palsy as a result of medical negligence, you could be eligible to claim compensation. To find out more, call for free on 0800 234 6438 and speak to a trained legal advisor about Erb’s palsy claims.

Erb’s Palsy is grouped into four categories of birth injuries, depending on the extent of nerve damage:

• Neuropraxia – the nerve is stretched or pulled resulting in temporary issues with the arm and shoulder. Most cases heal themselves in three months, and the infant experiences no further complications.
• Neuroma – the nerve is stretched to a point where the fibres break. Scar tissue forms, resulting in pressure on the damaged nerve. Although the nerve heals, the scar tissue pressures it, resulting in continuous discomfort and stopping the nerve from signalling to the muscles.
• Rupture – the nerve is torn in half and will not heal without surgery. If surgery does not take place, the arm will remain paralysed.
• Avulsion – the nerve is completely torn away from the spinal cord. The nerves within the diaphragm may also be affected, potentially causing breathing problems. The face could also suffer nerve damage, causing the eyelid to droop, (Horner’s Syndrome).

Early intervention to treat the damage caused is essential to ensure the infant can recover from their injury. 

Parent’s can claim for Erb’s Palsy on behalf of their child or the child can claim themselves. Because Erb’s Palsy is often caused by a difficult labour, the mother may suffer a birth injury as well.

It is vital to discuss your entire case with an specialist Erb’s Palsy solicitors, as they can advise you regarding what you can claim compensation for and the next best steps.

The compensation awarded for an Erb’s Palsy claim will depend on factors such as the severity of the Claimant’s condition, the level of care required and for how long that care is needed, as well as the pain and suffering experienced by the Claimant.

Compensation payments are categorised into two main types: special damages and general damages.

General Damages

General damages compensate the Claimant for the pain, suffering, and loss of enjoyment of life experienced due to medical negligence. For example, in severe cases of Erb’s Palsy, the Claimant may not be able to work full time. General damages is designed to compensate for the future loss of income.

Your Clinical Negligence Specialist will refer to the latest Judicial College Guidelines to get a range of general damages awards to present to the Defendant and, if your case goes to trial, the Court.

Special Damages

Special damages are awarded to cover the financial expenses and losses the Claimant has incurred, or will incur, directly because of the medical negligence. This can include medical costs, travel expenses to and from medical appointments, rehabilitation costs, care assistance, loss of earnings, and any necessary modifications to the home.

Medical negligence claims can take up to 36 months to resolve. Most cases settle out of court. 

Your medical negligence team will look at all the evidence surrounding your child’s injury. This will involve examining medical records, taking witness statements, and instructing experts who can provide an opinion on whether the medical staff in charge of your baby’s delivery breached their duty of care to you and your child and if so, whether that breach resulted in the Erb’s Palsy injury.

An expert witness can also provide an opinion as to the short, medium, and long term prognosis which can assist the Court with quantifying damages should you win your case.

In addition, your legal advisor will work with the other side (normally the NHS) to agree on an interim payment to fund rehabilitation whilst the claim is going ahead to ensure your child gets access to the care and support they need to swiftly recover.

The Limitation Act 1980 provides that Claimants have three years to bring a medical negligence claim. However, in Erb’s Palsy cases, the Claimant is often a child. They have three years from their 18th birthday to bring a claim so the claim must be brought before they turn 21 years.

The Court can, in rare cases, exercise its discretion and allow an out of time claim to continue. It is for the Claimant to show that the prejudice to their case if the claim is not allowed to proceed outweighs that to the Defendant. The reason for the delay in bringing a claim will also be considered.

The easiest way to start a Erb’s Palsy claim is to contact a legal advisor on 0800 234 6438 immediately after you notice symptoms in your child. 

Your medical negligence solicitor will likely take your case on a No Win, No Fee basis. This means that if you lose your case, you will not have to pay any legal fees, although you will need to pay any expenses related to your claim (these are known as disbursements).