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Erbs Palsy

Erb’s Palsy is a rare birth complication which can have life-long consequences for the individual affected.

While doctors, nurses, and midwifes go to great lengths to protect the health and welfare of mother and baby during the birth process, on occasions injuries can occur. If such an injury is due to negligence on behalf of a medical professional, recourse may be considered.

Our Medical Negligence & Personal Injury Team have considerable experience in advising on such claims and successfully securing successful outcomes.

What is Erb’s Palsy?

Erb’s Palsy, or Erb-Duchenne Palsy, is the name given to a type of brachial plexus injury ("BPI"), whereby an arm becomes paralysed due to damage to nerves in the upper arm.

Erb’s Palsy is typically caused in childbirth when, despite normal contractions, the baby is unable to progress through the pelvis as the either the head is too large to fit through the birth canal or the shoulders are having difficulty passing through. This is referred to as dystocia. The risk of shoulder dystocia is greater if the mother has diabetes (including gestational diabetes), when labour is induced, when the labour is protracted or an assisted delivery is required (forceps or a ventouse device). Physicians will follow a set process in an effort to deliver the baby, including asking the mother to stop pushing, repositioning the mother, pressing on the abdomen and performing an episiotomy.

If shoulder dystocia occurs, the midwife or consultant must take care not to further injure the baby, however if there is too much pulling nerves of the neck and shoulder can be damaged – typically C5 and C6 nerves, which form part of the brachial plexus.

The result of an injury of this type is muscle paralysis and loss of sensation in the arm affected. Depending on the extent and type of nerve damage, recovery may be possible, however in some cases the damage is permanent.

What are the Implications of Erb's Palsy?

The long-term implications, if permanent, can range in severity from minor impairment, which can be managed and improved with physical therapy, to flaccidity and looseness or stiff and contracted arm muscles which can be extremely painful.

Frequently Asked Questions:

Claims following a diagnosis of Erb’s Palsy due to Medical Negligence may cover two areas of loss:

Pain and suffering due to the injury
Specific financial costs resulting from the injury caused. This may cover costs already incurred, such as transport, accommodation, and medical treatment, and expected future expenses, such as physical therapy and care costs. The costs you receive will be based on the precise injuries suffered and the circumstances of the case.

Children with Erb’s Palsy may require specialist equipment to enable their mobility and everyday functioning. Further, modifications to the home may be required to facilitate their needs and such costs will be considered as part of the claim.

Recent Cases:

Case Overview:

We obtained a significant settlement for a client who developed colon cancer as a result of a hospital’s failure to offer him follow-up treatment.

The Plaintiff attended the defendant hospital for a colonoscopy in February 2012 and showed multiple polyps. A biopsy showed them to be pre-malignant tubulovillous adenomatous with low grade dysplasia. Three months later he had a repeat colonoscopy with recurrent polyps and three months later, in August 2012, he had a repeat colonoscopy and the removal of these polyps.

The colonoscopy in August 2012 was incomplete in that it did not reach the caecum.

The Defendant admitted that the colonoscopy in August 2012 should have led to a detection on or before September 2012 of development of cancer in his colon.

The next colonoscopy carried out by the defendant was in February 2014 whereupon the diagnosis of cancer was made.

Lavelle Partners obtained expert evidence from the UK in relation to breach of duty and causation and issued proceedings on behalf of the Plaintiff.

The case was successfully settled for a significant sum with costs in advance of the trial.

Case Overview:

Our client presented to the emergency department at a hospital complaining of a progressively worsening headache which had been ongoing for in excess of a week.

CT brain imaging was performed which was reported as normal. He was then discharged from the emergency department.

He represented again to the emergency department with persistent symptoms of headaches and left leg weakness. Upon clinical examination, left lower limb weakness, mild ataxia with difficulty performing left heel to shin test, and a left visual defect were noted. He was admitted to hospital for further investigation where he underwent repeat CT brain and CT angiogram of the neck vessels, both of which were unremarkable.

He underwent a lumbar puncture which was recorded in his clinical notes as traumatic, with blood visible in the sample obtained. The procedure was not adequately documented and, in particular, the position of our client when the lumber puncture was being performed, the type and size of the needle used, the spinal segment level at which the cerebrospinal fluid (“CSF”) tap was attempted, and the number of insertions or passes made in order to obtain CSF were not recorded.

In the aftermath of the lumbar puncture, he complained of left leg weakness with an inability to perform heel-toe testing. His condition deteriorated further. In view of his presentation, MRI imaging of the spine was undertaken, to investigate the neurological deficits of which he complained. Subsequent review of the MRI confirmed evidence of substantial spinal haemorrhage with intramedullary signal abnormality.

Unfortunately, owing to the manner in which a lumbar puncture procedure was performed he suffered significant neurological injury with ongoing lower limb paresis and bladder and bowel dysfunction.

This case was fully defended and was mediated a week in advance of the trial date. This case ultimately settled for a significant sum.

Related Expertise:

Birth Injuries Cerebral Palsy Gynaecology Negligence Narcolepsy

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Key Contacts

Avril Scally

Partner

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Why Choose Lavelle Partners for an Erb's Palsy Claim?

Our award-winning Medical Negligence & Personal Injury Team, headed by industry-leading partner Avril Scally, have decades of combined experience and place client care at the centre of everything we do.
Our team have developed a reputation for excellence in their field; being acclaimed as Medical Negligence / Personal Injury Law Firm of the Year at the Irish Law Awards in both 2023 and 2022.
We have successfully managed many cases involving children diagnosed with Erb's Palsy due to Medical Negligence.
We will listen to your case carefully and with complete empathy and will only recommend moving forward if we believe you have a valid case.
We have both the legal expertise and understanding of the real-life challenges that individuals and their families experience regarding Erb's Palsy as well as any Medical Negligence.
Our solicitors will manage the process entirely on your behalf; compiling the necessary information regarding the submission of your Medical Negligence claim.