Baby suffers with Erb’s Palsy following excessive force at birth

At Fletchers Solicitors, we understand the life-changing impact that Erb’s Palsy and other birth injuries can have on a child and their family. Sally’s case is a powerful example of the importance of expert legal representation in holding hospitals accountable for avoidable mistakes.

A Traumatic Start to Life

Sally’s life was deeply affected from the moment she was born. During her delivery, she sustained a serious Erb’s Palsy injury that left her almost completely paralysed in her right arm for the first eight months of her life.

Her early months were dominated by intensive physiotherapy, much of it provided by her dedicated mother, who worked tirelessly to help Sally regain as much movement as possible. Over time, Sally began to use her arm more, but she continued to face lasting challenges.

She experienced ongoing weakness in her right arm, making daily tasks such as dressing, brushing her hair, and lifting heavy objects extremely difficult. She also suffered from numbness and aching in her arm and shoulder, and she was unable to place her right hand behind her head—a simple action that many take for granted but which was impossible for her.

The Complex Birth Injury Claim

Although Sally’s injury occurred during her birth, determining whether it was caused by medical negligence was not straightforward. Many birth injury claims require extensive investigation to prove that avoidable mistakes caused the injury, and Sally’s case was no exception.

Our team at Fletchers Solicitors obtained her medical records and instructed an experienced Consultant Obstetrician and Gynaecologist to review the details of her delivery. The expert concluded that excessive traction had been applied during Sally’s assisted instrumental delivery, causing her brachial plexus injury.

The records also noted that Sally’s right arm had been anterior at the time of delivery, an important detail often associated with Erb’s Palsy injuries caused by improper handling during childbirth.

Additionally, the delivery had a relatively lengthy second stage, with Sally being born approximately eight minutes after her head was delivered. This delay increased the likelihood that excessive traction had been applied in the rush to complete her delivery, ultimately causing her injury.

This detailed medical evidence was key to building a strong case on Sally’s behalf, demonstrating that her disability was avoidable and caused by negligent actions during delivery.

A Successful Outcome for Sally and Her Family

Once the evidence was presented, the hospital chose not to defend the claim. This decision spared Sally’s family the emotional strain of a lengthy court battle and allowed for a negotiated settlement. The settlement was approved by the Court, ensuring that Sally would receive fair compensation for her lifelong injury.

This financial support will allow Sally to access the care, therapies, and resources she needs to manage her disability as she grows up. While no amount of compensation can undo the harm caused, it provides her family with reassurance that her future needs will be met.

The Human Cost of Erb’s Palsy

Erb’s Palsy is a serious condition that can have lifelong consequences for children and their families. In Sally’s case, despite intensive physiotherapy and ongoing care, her injury continues to limit her independence and physical ability.

Families coping with birth injuries often experience years of medical appointments, therapies, and emotional challenges. For Sally’s family, the settlement achieved through our legal expertise represents justice and a vital means of support for her future.

Why Choose Fletchers Solicitors for Birth Injury Claims?

Sally’s story highlights the value of specialist legal expertise in birth injury claims. These cases are often complex, requiring collaboration with leading medical experts and a thorough understanding of obstetric care. At Fletchers Solicitors, we pride ourselves on providing compassionate support while fighting tirelessly for justice and fair compensation.

Our team has extensive experience in securing settlements for families affected by Erb’s Palsy and other preventable birth injuries. We are committed to holding hospitals accountable and helping children like Sally access the care they deserve.

If your child has been injured during birth, our solicitors are here to guide you through every step of the legal process with empathy, expertise, and determination. Speak to our experts today.