Erb’s palsy is a common yet serious birth injury, affecting between 0.9 and 2.6 per 1,000 live births and leading to significant arm weakness in around 0.4 to 5 in every 10,000 births. While its prevalence might suggest it is not uncommon, that does not mean your child,or your family,should have to endure the lasting impact of this condition.
If medical negligence caused your child's Erb's palsy, you may have the right to seek compensation for the harm. At Michael Boylan Litigation, our solicitors are ready to listen, guide, and fight for the justice your child deserves. Contact us today to discuss your case and explore your legal options.
What Is Erb's Palsy?
Erb's palsy is a type of birth injury that affects the brachial plexus, a network of nerves that control movement and sensation in the shoulder, arm, and hand. This injury occurs most often during childbirth when the baby’s neck is stretched unnaturally, causing damage to these nerves.
As a result, the affected arm may experience weakness, lack of mobility, or even paralysis. While the severity can vary, some children may recover fully with treatment, whereas others may suffer long-term effects.
Signs of Erb's Palsy
The most common signs of Erb’s palsy include:
- Limited movement or paralysis of the affected arm
- The arm hanging limp or positioned awkwardly at the child’s side
- A lack of reflexes in the arm or hand
- Weak grip in the affected hand
- Difficulty with shoulder movement
These symptoms are often noticeable shortly after birth and can vary in severity depending on the extent of the nerve damage.
As the child grows and recovery is incomplete signs may include:
- Delayed motor development of the affected arm
- Persistent arm weakness
- Reduced range of motion at the shoulder or elbow
- Muscle wasting or a small-looking arm over time
- Abnormal posture or contractures in more severe cases
Causes of Erb's Palsy
Erb’s palsy typically results from complications during delivery, especially when there is excessive pulling on the baby’s head and neck. Common causes include:
- Difficult or prolonged labour
- Shoulder dystocia, where the baby’s shoulder becomes lodged behind the mother’s pubic bone during birth
- The use of forceps or vacuum extractors to assist in delivery
- Large birth weight, which increases the risk of shoulder dystocia
- Breech deliveries, where the baby is delivered feet or buttocks first
Coping with Erb's Palsy: Treatment and Therapy Options in Ireland
Erb’s palsy can be managed with a variety of treatment and therapy options, and early intervention is key to ensuring the best outcomes for your child. In Ireland, treatment typically begins with physiotherapy and occupational therapy, both of which play critical roles in restoring movement and strength in the affected arm.
Physiotherapy
Physiotherapy is often the first line of treatment for children with Erb's palsy. The goal of physiotherapy is to improve range of motion, muscle strength, and coordination in the affected arm. A physiotherapist will work with your child through specific exercises, often focusing on:
- Stretching exercises: To keep the arm from stiffening and maintain flexibility.
- Strengthening routines: Targeted exercises to strengthen the muscles in the shoulder, arm, and hand.
The cost of private physiotherapy sessions in Ireland can vary, usually ranging from €50 to over €100 per session. Many children require weekly or biweekly sessions over an extended period.
Occupational Therapy
Occupational therapy can help your child develop skills needed for everyday tasks, such as eating, dressing, and playing. Therapists focus on adapting movements and teaching your child to use their stronger arm or shoulder to compensate for the weaker one. In more severe cases, therapy may also involve the use of assistive devices.
The cost of occupational therapy in Ireland may be up to or more than €100 per session, depending on the complexity of the therapy plan and whether it's provided privately or through the Health Service Executive (HSE).
Surgical Interventions
In some cases, surgery may be recommended if the nerve damage is more severe. Surgical options may include nerve grafting or nerve transfers, which aim to repair or replace the damaged nerves to improve function. Surgery is typically most effective when performed within the first year of life but may be recommended later if recovery is insufficient with therapy alone.
The cost of surgery will depend on whether it is done through the public system (covered by the HSE) or privately. In the private sector, nerve surgery can be expensive, depending on the hospital and surgeon involved.
Who Can Bring an Erb's Palsy Compensation Claim?
In the case of Erb's palsy, a claim can typically be brought by the parents or legal guardians of the child affected by the injury. Since the injury usually occurs during childbirth, parents can act on behalf of their child. However, if the claim is not pursued during the child’s minor years, they can file a claim themselves upon reaching 18 years of age, provided it falls within the statutory limitation period.
The Erb's Palsy Claim Process
The first step in the process is a consultation with one of our solicitors, who will listen to your account of the events and review medical records to determine whether medical negligence played a role in the injury.
Once the claim is confirmed, our team will begin gathering evidence, including expert medical reports, to support your case. We collaborate with leading medical professionals to ensure that we have a strong foundation for proving negligence. If evidence shows that the healthcare provider deviated from the standard of care during delivery, we will file the claim on your behalf.
From there, we will work to negotiate a fair settlement with the parties involved. If a settlement cannot be reached, we are fully prepared to take the case to court and fight for the justice your family deserves.
What Are the Time Limits?
In Ireland, the State of Limitations Act, 1957 sets a two-year time limit for bringing medical negligence claims, including medical negligence cases like Erb’s palsy. The clock starts either from the date the injury occurred or from the "date of knowledge",the point at which you first became aware of the injury and its connection to medical negligence.
If the affected individual is a minor, the limitation period begins from their 18th birthday, giving them until they turn 20 to make a claim. In cases involving disability (such as mental incapacity), the Act allows for extensions to ensure fair access to justice.
How Much Compensation Can You Expect?
When seeking compensation for Erb's palsy, the amount you can expect will depend on several key factors, such as therapy and treatment costs, future loss of earnings, and care and support needs. Compensation is also designed to reflect the severity of the injury, the long-term impact on the child’s life, and the costs associated with treatment and care.
Potential Compensation Ranges
According to the Personal Injuries Guidelines, similar orthopaedic injuries to the shoulder and arm that cause significant disability or paralysis can result in compensation awards ranging from €100,000 to €150,000, depending on the specifics of the case. Since Erb's palsy often involves such debilitating effects, compensation in this range is likely for severe cases.
Ultimately, each case is unique, and the amount of compensation awarded will be tailored to reflect the individual circumstances, treatment needs, and long-term impact on the child. For more personalised advice, contact us to discuss your case.
Start Your Erb's Palsy Claim
Our experienced solicitors are ready to guide you through the entire process with expertise and compassion. Contact us today to begin your Erb's Palsy claim.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in line with regulation 8 of the Solicitors Advertising Regulations 2019.
