Erb’s Palsy Claims*

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.

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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.

What Is Erb’s Palsy?

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:

Neuropraxia: temporary stretching of the nerve
Axonotmesis: partial nerve damage
Neurotmesis: complete tear of the nerve
Rupture or avulsion: the most severe forms, where the nerve is torn away from the spinal cord

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.

How Does Erb’s Palsy Happen During Childbirth?

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:

Fail to anticipate the risk of shoulder dystocia, particularly where there are warning signs such as maternal diabetes, previous large babies, or signs of a large baby on scan.
Do not recognise shoulder dystocia promptly when it occurs.
Apply excessive traction to the baby’s head or neck when the shoulders are stuck, stretching or tearing the brachial plexus nerves.
Delay in calling for appropriate assistance or in performing an emergency Caesarean section when clearly indicated.

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:

Large baby (macrosomia)
Maternal diabetes
Prolonged second stage of labour
Use of forceps or vacuum extractor
Previous history of shoulder dystocia

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.

Signs and Symptoms of Erb’s Palsy

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:

Weakness or limpness in the affected arm: The arm may hang loosely by the baby’s side and show little or no movement.
Limited range of motion: The baby may be unable to raise the arm or bend the elbow.
Waiter’s tip position: A characteristic posture where the arm hangs straight with the wrist and fingers flexed backwards.
Poor grip: The baby may struggle to grip objects with the affected hand.
Lack of reflexes: Reflexes such as the Moro (startle) reflex may be absent on the affected side.
Torticollis: Some babies develop a head tilt, facing away from the injured arm.
Partial or complete numbness: Depending on the severity of nerve damage, the baby may also have reduced sensation.

Over time, untreated or severe cases of Erb’s Palsy can lead to:

Muscle atrophy: The muscles in the affected arm may shrink due to lack of use.
Permanent weakness: Some children will experience lifelong limitations in movement and strength.
Functional limitations: Daily tasks, sports and activities may be more difficult, affecting both physical and emotional wellbeing.

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.

Can I Make an Erb’s Palsy Claim?

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.

When Is Erb’s Palsy a Result of Medical Negligence?

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:

Failing to recognise risk factors such as a large baby or maternal diabetes
Failing to advise on a planned Caesarean section where appropriate
Poor management of shoulder dystocia when it occurs
Applying excessive force during delivery
Using incorrect techniques or manoeuvres
Delaying necessary interventions such as calling for assistance or proceeding to emergency Caesarean

These are preventable errors. If proper procedures are followed, many cases of Erb’s Palsy can be avoided.

What Must Be Proven?

In Irish medical negligence law, three key elements must be established:

Duty of care: All healthcare professionals owe a duty of care to both mother and child during labour and delivery.
Breach of duty: It must be proven that this duty was breached by providing care that fell below acceptable medical standards.
Causation: There must be a clear link between the breach of duty and the injury suffered. In other words, it must be shown that the injury would not have occurred if proper care had been provided.

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.

Time Limits for Bringing an Erb’s Palsy Claim in Ireland

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:

Detailed medical records
Independent expert reports
Testimonies regarding the child’s care needs and prognosis

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.

What Compensation Can You Claim?

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.

General Damages

These are awarded for pain, suffering, and loss of amenity, the impact of the injury on your child’s life.

Physical pain and discomfort
Loss of mobility or dexterity
Psychological and emotional impact
Loss of opportunities in childhood and later life
Reduced quality of 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.

Special Damages

These cover specific financial costs and future expenses related to your child’s injury. They can include:

Physiotherapy, occupational therapy and other specialist treatments: Many children require ongoing therapy to maximise their recovery and function.
Surgical costs: In some cases, surgery may be required to repair damaged nerves or improve mobility.
Equipment and adaptations: Including assistive devices, home adaptations and specialist clothing.
Educational supports: Your child may need additional supports at school to ensure equal access to learning.
Care costs: If your child requires additional care at home, these costs can be included in your claim.
Parental loss of earnings: If you have had to reduce your working hours or give up work to care for your child, this loss can also be recovered.

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.

Frequently Asked Questions about Erb’s Palsy Claims

Is Erb’s Palsy always caused by negligence?

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.

Can Erb’s Palsy improve over time?

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.

What kind of expert will assess my child’s injury?

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.

Will my child need surgery?

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.

Can I claim for emotional distress as a parent?

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.

What if my child develops new needs later in life?

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.

Contact Crimmins Howard Solicitors Today

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.