When a child is injured at birth and diagnosed with Erb’s Palsy, life changes overnight. Parents are often left reeling, trying to understand what has happened, how it could have been prevented, and what it will mean for their child’s future. Many families feel isolated, unheard, and rushed into an unfamiliar world of medical terminology and therapy, while coping with their own deep worry and grief.
When a child is injured at birth and diagnosed with Erb’s Palsy, life changes overnight. Parents are often left reeling, trying to understand what has happened, how it could have been prevented, and what it will mean for their child’s future. Many families feel isolated, unheard, and rushed into an unfamiliar world of medical terminology and therapy, while coping with their own deep worry and grief.
We know that every child’s experience of Erb’s Palsy is different. Some may regain good function with the right interventions. Others will face permanent limitations that shape every aspect of life. But what remains constant is that this injury should never have been allowed to happen.
Across Ireland, parents have shared stories of being told “it is only an arm”, only to discover later the lifelong emotional, physical and financial consequences. The truth is that Erb’s Palsy can affect not just mobility, but a child’s confidence, opportunities, and sense of inclusion. It can also place enormous demands on families who must fight for the best care and support.
At Crimmins Howard Solicitors, we understand the road you are on. We have stood with families across Clare and beyond who faced the same shock and unanswered questions. Our approach is to listen first, to advise in clear, plain English, and to help you pursue the justice and compensation your child deserves. No parent should be left alone to shoulder this burden.
If you believe your child’s Erb’s Palsy may have been caused by avoidable mistakes during delivery, contact Crimmins Howard Solicitors today. We will take the time to hear your story and to help you explore your legal options.
Erb’s Palsy is a nerve injury that affects the shoulder, arm and hand, caused when the brachial plexus nerves are damaged during birth. These nerves control muscle movement and sensation in the arm. If they are stretched or torn, the result can be weakness or paralysis of the affected arm.
This type of injury usually happens when there is difficulty delivering the baby’s shoulders, particularly in cases of shoulder dystocia. This is a birth complication where the baby’s shoulder becomes stuck behind the mother’s pelvic bone after the head has been delivered. If medical staff use excessive force or incorrect manoeuvres to free the baby, the brachial plexus nerves may be injured.
Erb’s Palsy is named after Wilhelm Erb, the physician who first described the condition. In Ireland, an estimated 10 babies each year are born with Erb’s Palsy. According to the Central Remedial Clinic, around 180 children in Ireland aged 0 to 18 are currently receiving therapy and care for the condition.
Erb’s Palsy is not the same in every case. Some children experience only minor weakness, while others may face permanent disability. The severity of the injury depends on the degree of nerve damage:
Early diagnosis and treatment are key. In many cases, physiotherapy and in some instances surgery can help restore some function. However, for some children the injury will have a lifelong impact, affecting not only their physical ability but also their emotional wellbeing.
Erb’s Palsy typically occurs during childbirth as a result of trauma to the baby’s shoulder and neck area. The most common cause is a delivery complication known as shoulder dystocia, where the baby’s head is delivered but the shoulders become lodged behind the mother’s pelvic bone.
Shoulder dystocia is a recognised emergency in obstetrics. When it occurs, strict protocols must be followed to safely deliver the baby without causing injury. These include a series of specific manoeuvres that can reposition the baby and reduce the risk of nerve damage.
Erb’s Palsy can result if healthcare professionals:
In some cases, Erb’s Palsy results from an obstetrician using the wrong manoeuvres or pulling with too much force, rather than allowing the shoulder to clear naturally. The risk is increased if the birth team is not properly trained or if panic sets in when the delivery becomes difficult.
Other factors that increase the risk of shoulder dystocia and subsequent Erb’s Palsy include:
When shoulder dystocia is anticipated or occurs, it is the responsibility of the delivery team to manage it safely and skilfully. If they fail to do so, and excessive force leads to a nerve injury, this may constitute medical negligence.
At Crimmins Howard Solicitors, we carefully investigate whether the proper steps were taken in your child’s delivery. If errors or delays caused harm, we will help you pursue justice and compensation.
Recognising the signs of Erb’s Palsy early is important so that the child can receive appropriate treatment and support. In most cases, the symptoms are visible shortly after birth.
The most common signs for parents and healthcare professionals to look for include:
Over time, untreated or severe cases of Erb’s Palsy can lead to:
Early physiotherapy and, if needed, surgical intervention can make a significant difference. If you suspect your child has any of these signs, it is vital to seek specialist advice as soon as possible.
If your child has developed Erb’s Palsy as a result of their birth, you may be entitled to make a claim for compensation. However, it is important to understand that not all cases of Erb’s Palsy are caused by negligence. Some injuries happen despite the best possible care. Others, however, occur because key warning signs were missed or because inappropriate force was used during delivery.
To bring a successful Erb’s Palsy claim, it must be shown that the injury was caused by substandard care. In other words, that the delivery team failed to meet the standards that would be expected of a competent obstetric team in similar circumstances.
Some common examples of negligence include:
These are preventable errors. If proper procedures are followed, many cases of Erb’s Palsy can be avoided.
In Irish medical negligence law, three key elements must be established:
At Crimmins Howard Solicitors, we work closely with respected medical experts who can review your records and provide independent opinions on whether negligence occurred.
If the evidence supports a claim, we will guide you through the legal process with clear advice and strong, compassionate representation. Every child deserves the chance to reach their full potential, and no family should be left struggling because of an avoidable injury.
If your child has suffered Erb’s Palsy due to potential negligence during their birth, it is important to be aware of the legal time limits for making a claim.
For children, Irish law provides special protection when it comes to time limits on medical negligence claims. The standard time limit in most personal injury cases is two years from the date of injury. However, in birth injury cases involving children, the rules are different.
You can bring a claim on behalf of your child at any time up to their 18th birthday. Once the child reaches 18, they then have two further years in which to make a claim in their own right. This means that, in practice, there is considerable time in which to initiate legal proceedings.
However, it is strongly recommended not to delay. Pursuing an Erb’s Palsy claim involves gathering extensive evidence:
The sooner this evidence is gathered, the stronger the case is likely to be. Medical records can become harder to retrieve over time, and early assessment of your child’s needs ensures that any claim is properly informed by up-to-date information.
It is also important to be aware that if you, as a parent, have suffered psychological trauma because of your child’s injury — for example, a nervous shock injury — the time limit for bringing your own claim is normally two years less one day from the date you became aware of the injury.
At Crimmins Howard Solicitors, we advise acting early to ensure your family’s legal rights are fully protected. If you are unsure about the time limits that apply in your case, we can provide clear, practical guidance.
If your child has been diagnosed with Erb’s Palsy as a result of medical negligence, a successful claim can help secure the financial resources needed to support their care and quality of life. Compensation is not simply about money — it is about ensuring that your child has the best possible chance to thrive, and that your family is not left carrying the financial burden of an avoidable injury.
In Ireland, compensation in Erb’s Palsy claims typically includes both general damages and special damages.
These are awarded for pain, suffering, and loss of amenity — the impact of the injury on your child’s life.
Even where a child adapts well, the limitations imposed by Erb’s Palsy can affect many aspects of life, from sports and hobbies to career choices.
These cover specific financial costs and future expenses related to your child’s injury. They can include:
At Crimmins Howard Solicitors, we work with leading experts to ensure that every element of your child’s current and future needs is fully assessed and properly valued. Our goal is to achieve a settlement or award that truly reflects what your family needs, now and in the years to come.
No. While some cases of Erb’s Palsy happen despite correct medical care, many occur because of avoidable errors during delivery. A detailed legal and medical investigation is needed to determine whether negligence was involved.
In some cases, yes. Milder nerve injuries such as neuropraxia may heal naturally or respond well to therapy. However, more severe injuries can result in permanent weakness or disability. Early intervention gives the best chance of recovery.
Typically, independent medical experts such as paediatric neurologists, obstetricians and physiotherapists are engaged to assess how the injury occurred and what the long-term prognosis is. Their opinions are key to building a strong claim.
Some children benefit from nerve repair or tendon transfer surgery. Decisions about surgery depend on the type and severity of nerve damage and how well the child responds to therapy in the first year of life.
Yes, in some cases. If you have suffered significant psychological trauma (such as nervous shock) because of witnessing your child’s injury or its aftermath, you may be entitled to make a separate claim.
An Erb’s Palsy settlement should take into account the likely long-term needs of your child. However, if a child develops significantly greater needs later, it may be possible to seek a review or additional support in certain circumstances. Your solicitor will advise on this.
If you believe your child’s Erb’s Palsy was caused by mistakes during their birth, we are here to help. Contact Crimmins Howard Solicitors today for clear advice and dedicated support. We will fight for justice and the compensation your family deserves.
