How much compensation can I get for erb's palsy claims?

Typical compensation for erb's palsy claims ranges from £50,000 to £2,000,000, depending on the severity and circumstances of your case.

What is the time limit for erb's palsy claims claims?

The limitation period for erb's palsy claims claims is generally 3 years from the date of injury or the date you became aware of it.

Claim type · Birth Injuries

Erb's Palsy claims.

Brachial plexus nerve damage from excessive force during shoulder dystocia, causing permanent arm weakness or paralysis.

Tell us what happened and we'll show you published judgments like yours, outline what you could be entitled to, and, if you choose, put you in touch with specialist solicitors Tomlin & Partners.

Typical range

£50,000 – £2,000,000

Limitation period

3 years

ClaimGavel Assistant

● Online · Erb's Palsy · free & confidential

FREE

Free · confidential · not legal adviceEngland

Enquiries for this claim typeIndependent firm · their stated offer

Handled by Tomlin & Partners (SRA 8001484) — “Free, no-obligation consultation with our specialist medical negligence team.”

§ PUBLISHED JUDGMENTS

Real erb's palsy cases, decided by the courts.

Every case below is a published judgment of the courts of England and Wales, linked to its source. Summaries are ours; amounts appear only where the judgment states them. We include claims that failed, because they show what has to be proved.

Claim failed

PXE (by his mother and litigation friend DSD) v University Hospitals Birmingham NHS Foundation Trust

[2024] EWHC 2023 (KB)·2024·Liability decided at trial

The mother's recorded history of kidney scarring was said to require consultant-led care and serial growth scans, which were not arranged; the baby was born prematurely at Solihull Hospital with brain damage. The judge held that classifying the pregnancy as low risk was within acceptable practice in 2008, so there was no breach of duty.

Antenatal risk-assessment claims turn on whether the mother's history genuinely required extra monitoring under the guidance of the time. Hindsight that scans might have helped is not the legal test.

Claim failed

Rebeccah Taylor v Chesterfield Royal Hospital NHS Foundation Trust

[2019] EWHC 1043 (QB)·2019·Liability decided at trial

A 4.93kg baby's shoulder became stuck at delivery and the registrar used moderate downward traction to free her, causing a permanent brachial plexus injury. The judge found that traction of that kind was accepted practice in 1992, even though it is now avoided, so the claim failed.

Negligence is judged by the standards at the time of the birth, not today's guidance, which is decisive in many historic Erb's palsy claims. An agreed damages figure is worth nothing unless breach of duty is proved.

Browse the case library →

Contains information licensed under the Open Justice - Licence v2.0. Judgments from Find Case Law, The National Archives. Summaries are ours; amounts only where printed in the judgment.

About Erb's Palsy Claims Claims

Erb's palsy claims arise when excessive traction or force during a difficult delivery damages the brachial plexus nerve network, causing weakness or paralysis of the baby's arm. This typically occurs during shoulder dystocia — when the baby's shoulder becomes stuck behind the mother's pubic bone.

The key question is whether the medical team used appropriate techniques to resolve the shoulder dystocia. The recommended sequence includes the McRoberts manoeuvre (repositioning the mother's legs), suprapubic pressure, delivery of the posterior arm, and internal rotation techniques. Excessive downward traction on the baby's head is considered improper management.

Risk factors that should have been identified and planned for include large baby (macrosomia), maternal diabetes, previous shoulder dystocia, and prolonged labour. Failure to plan for a known high-risk delivery strengthens the claim.

The severity of Erb's palsy varies. Temporary weakness that resolves within months may attract awards of £10,000 to £50,000. Permanent Erb's palsy with limited arm function typically settles for £100,000 to £500,000. Severe cases with total arm paralysis can reach £500,000 to £2 million. Microsurgery (nerve grafts) may be required. Claims can be brought until the child's 21st birthday.

Typical Compensation Range

£50Kto£2M

Based on reported settlements and court awards. Individual case values vary significantly.

Limitation Period

3 years

May vary by jurisdiction. Don't wait — time limits apply.

NHS Negligence Data

See real NHS Resolution data related to erb's palsy claims claims.

Obstetrics Non CP/BD Statistics

National data on non-CP obstetric claims

NHS Maternity Claims

All maternity trusts ranked by obstetric payments

Think you might have a erb's palsy claims claim?

Our AI assistant will assess your claim in minutes, show you what you could be entitled to, and, if you choose, put you in touch with specialist medical negligence solicitors Tomlin & Partners. Free, confidential, no obligation.

Begin free assessment →