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MEDICAL NEGLIGENCE

Lifelong support secured for 18-year-old after Erb’s Palsy injury at birth

Author Kathryn Stitt Solicitor
Last Updated

Our client was supported by Clinical Negligence Solicitors, Simon Minton, Abi Fletcher and Kathryn Stitt, after suffering an Erb’s Palsy injury at birth, which left him with lasting physical and psychological challenges.

What you can expect in this case study:

  • Details of the birth injury and how it occurred.
  • The physical and psychological impact of the Erb’s Palsy injury.
  • The support provided by family, as well as rehabilitative treatment.
  • Legal resolution of the case and compensation agreed.

The birth injury

Our client, now 18-years-old, suffered an Erb’s Palsy injury during delivery. During the birth, ventouse was used due to a delay in the second stage of labour which was complicated by shoulder dystocia.

Following he delivery, he was diagnosed with a right sided permanent brachial plexus injury and later, with Horner’s syndrome, a rare condition affecting the nerve supply to the eye.

Living with the impact of Erb’s Palsy

The impact of his injuries has been significant. Our client experienced difficulties playing sport as well as struggling with handwriting at school.

He has a cosmetic deformity, and although he is right-handed, he mostly functions with his left hand due to the injury. He has residual tightness and weakness in his right arm, hand, and shoulder – and his right side gets fatigued quickly. He has neuropathic pain, disturbed sleep and is at risk of longer-term disability if he injures his left shoulder or arm.

In addition to the physical impact of his injury, he has experienced psychological difficulties, including distress and reduced self-esteem.

Family and rehabilitation support

The client has been supported by family who have taken him for physiotherapy and swimming to improve the mobility and strength in his right arm. His parents have also been concerned about his psychological wellbeing and the potential long-term impact of his injury on his future, including work, independent living, and starting a family.

Securing justice and future support

The case was handled by experienced Clinical Negligence Solicitors, Simon Minton, Abi Fletcher and Kathryn Stitt.

This was a complex case, where liability was in dispute. With the case scheduled for trial, we were able to resolve it successfully without going to court. The client received compensation of £1,000,000.

Our client and his parents are relieved now that the case is resolved, and there are funds available to help with our client’s ongoing needs. The compensation will cover future surgical, occupational, physiotherapy, psychological and care requirements. There is also provision for equipment he may require, as well as future childcare support.

Here when you need us

At Fletchers Solicitors, we’re home to one of the UK’s leading birth injury teams, dedicated to supporting families when maternity care goes wrong. Our work is about more than legal expertise – it’s about helping families secure stability, dignity and lifelong support.

If you or your child has been affected by unsafe maternity or neonatal care, we’re here to support you and to make sure your voice is heard.

For every birth. For every baby. For every family.

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