Birth injuries to babies
Erb's Palsy/Brachial plexus injuries
Brachial Plexus injury is caused mostly during the birth when excessive pressure is put on the baby's head, neck, or shoulder damaging the bundle of nerves (Brachial Plexus) that runs from the spinal cord to the arm. It happens when there is difficulty delivering the shoulder area. Problems in delivering the shoulder can sometimes be predicted, but poor management of a difficult shoulder delivery can result in permanent injury to a child.
Damage to the brachial plexus nerve bundle is also known as Erb’s palsy. It results in a child being unable to fully extend or flex their arm. Symptoms of Erb’s palsy are paralysis/ limpness of the arm, fingers or hand. Babies with this condition will often hold the affected arm very close to their body.
Sometimes the injury is minor and conservative treatment is all that is required. However, permanent nerve damage can result, and surgery may be required to repair the damage.
This area of law and medicine is rapidly developing. The NHS frequently argues that the natural force of a delivery can cause brachial plexus injury without any element of negligence. The NHS often denies all allegations in these birth trauma claims. We are aware of these arguments and how to combat them.
If you wish to discuss a claim at no obligation or cost please call 0870 143 0970. Our team operates from offices across the country and can offer immediate and accessible representation across the UK.
Cerebral Palsy
Cerebral palsy is an umbrella term for problems with speech and movement caused by a brain injury. A common misunderstanding is that all people with Cerebral Palsy have severe learning difficulties and that it is caused by negligence at the time of birth.
However, the reality is that Cerebral Palsy, although it can be severe in some people, others live a normal life with the condition. Probably only 1 in10 of Cerebral Palsy sufferers develops the condition at the time of birth. The remaining 9 out of 10 cases occur during the development of the brain at other stages in life.
Common causes of Cerebral Palsy during birth are:
- allowing the baby to spend too long in the birth canal
- failure to diagnose/treat seizures following delivery
- failure to detect umbilical cord around the baby’s neck
- improper use of forceps or venteuse http://www.about-cerebral-palsy.org/definition/forceps.html
- failure to perform an emergency cesarean section http://www.about-cerebral-palsy.org/definition/cesarean-c-section.html
- failure to monitor the fetal heart rate
- failure to anticipate a large baby
Russell Jones & Walker Solicitors have much experience of Cerebral Palsy compensation cases and have a bank of regular experts in the various areas of medicine necessary for the claim to succeed.
Parents need quick and accurate information about their case and the potential to claim compensation. These cases require careful preparation and a good team of experts. Our legal team speaks with parents and will assess the medical records to establish whether there is a case to investigate further.
The amount of compensation represents the cost of future care that the child will need for the rest of their life. So the potential amount of compensation is very large and these cases are strongly defended by the NHS.
If you wish to discuss a claim at no obligation or cost please call 0870 143 0970. Our team operates from offices across the country and can offer immediate and accessible representation across the UK.

