Compensation secured after avoidable birth injury results in Erb's Palsy

Thomas (name changed to protect client confidentiality)

The Incident

Thomas suffered Erb’s palsy that had lasted for more than 12 months involving the C5 and C6 nerve roots. He needed surgical exploration and repair of the right brachial plexus with nerve graft to the C5 and C6 nerve roots. He then underwent a further surgical procedure (a right functional gracilis muscle transfer) to improve right elbow flexion. Despite this, Thomas suffered significant limitation of movement of his right arm and weakness of the right shoulder and elbow. This meant he was unable to actively extend his right wrist. He needed help with dressing, doing up buttons, pulling zips, using cutlery and cutting up food. The weakness in his right upper half meant he struggled to lift objects. He also had surgical scars and the medical evidence indicated he required further surgery and would have a lifelong handicap that would result in his being disadvantaged in his future career as an adult. 

The Case

Following the involvement of our specialists Erb’s palsy compensation team of lawyers, it became apparent that excessive traction had been used during the delivery of Thomas’ shoulders which included damaging, twisting and/or jerking movements as well as failing to perform the appropriate manoeuvres to ensure safe delivery of the shoulders.

The Outcome

The Hospital conceded fault and we worked together with Thomas’ family to obtain substantial financial compensation for the avoidable birth injury that he suffered and his lifelong disability.