Erb's Palsy Compensation Claims

Erb’s Palsy is a nerve injury that affects the movement of the shoulder, arm and hand. In most cases the condition can be spotted as the elbow does not bend properly and is held against the body. The condition is predominantly caused by birth trauma and if there has been negligence and poor care during the birth of your child, you have the right to compensation.

Erb’s Palsy is caused by shoulder dystocia, which is when the baby’s head has been born but one of the shoulders has become stuck behind the mother’s pubic bone. This may lead to an injury to the brachial plexus nerves and an Erb’s Palsy, and in some cases asphyxia which may cause brain injury leading to Cerebral Palsy or death.

Early diagnosis and intervention is essential to try to reduce further damage and to treat the condition, and whilst recovery can occur naturally, some cases may require special treatment.

Making an Erb’s Palsy Claim

We fully appreciate that no amount of money can compensate for when a child is born with a life-limiting condition.

We understand such cases can be emotionally challenging for parents and all those involved. That’s why you can rely on us for the right legal advice and support to help secure the much needed additional care, therapy and specialist equipment required.

Successful claims for Erb’s Palsy include:

• using excessive force during the delivery which results in birth injury
• failure to carry out a caesarean section when there are clear signs one is needed
• failure to estimate a baby’s weight correctly

In recognition of our expertise in this field, we have a contract with the Legal Aid Agency to offer legal aid to clients whose children have suffered a neurological injury including Erb’s Palsy (also known as a brachial plexus paralysis or disorder) due to negligence during their birth.

How much will my claim cost?

All Erb’s Palsy cases taken by Hudgell Solicitors are handled on a no win no fee basis. This means that you will not have to pay any money up front and there will be no financial risk if your case is unsuccessful.

If your case is successful, you will only be expected to pay a contribution to your solicitor’s fees once the case has been resolved. The costs paid are usually a percentage of the compensation awarded and will be agreed before your case is carried out.