Erb’s palsy (also known as brachial plexus palsy)is a condition in which a baby is born with damage to the brachial plexus nerves which serve the muscles of the shoulder, arm and hand.
Although there is some difference of medical opinion, it is likely that most if not all of these injuries occur when a baby's shoulder gets 'stuck' during the course of the delivery. In this situation, there are specific manoeuvres that should be carried out to maximise the chances of delivering the baby uninjured. Sometimes the injury cannot be avoided because the baby has to be delivered very urgently (to avoid brain injury or death). However, in most cases a brachial plexus injury is the result of a failure on the part of the doctor or midwife to take the neccessary steps to avoid it.
Where injury does occur, this can vary considerably, from a very mild and passing problem to severe and permanent disablity, depending on the extent of the nerve damage and the success of early treatment. Surgery is often required to repair the nerves or to improve the function of the affected limb. If it is shown that the injury was caused by substandard care, the child is entitled to damages in compensation.
If your claim is successful your child will be compensated for the injuries that they have suffered. This sum can also include money to cover extra care that your child has needed, travel costs to hospitals, special equipment, and money for care that your child may need in the future.
Our specialist team at Henmans has considerable experience in handling claims for birth injuries, including Erb’s palsy. In T v South Buckinghamshire NHS Trust we successfully obtained £250,000 in compensation for the child’s injuries.
There are various support organisations for Erb’s palsy sufferers and their families, some of which are listed here: