Our specialist healthcare team led by Ronan Hynes, Partner, secured a €1.1 million High Court settlement for a child who sustained a brachial plexus injury (Erb’s Palsy) during birth.

 

What Happened

Our client’s child suffered a brachial plexus injury, commonly known as Erb’s palsy, following a complicated delivery involving shoulder dystocia — a recognised obstetric emergency where the baby’s shoulder becomes stuck during birth.

This type of birth injury can occur where excessive traction is applied or appropriate manoeuvres are delayed. In this case, the injury resulted in lasting weakness affecting the child’s arm function, with ongoing implications for mobility, independence and development.

Erb’s palsy injuries can have lifelong consequences, often requiring physiotherapy, specialist care and long-term support.

 

How We Helped

Our healthcare team carried out a detailed investigation into the child’s care, instructing leading independent experts in obstetrics and paediatric neurology. We identified evidence that raised concerns regarding the management of the delivery and the response to shoulder dystocia. While liability was not admitted, we successfully progressed the case through mediation, achieving a significant settlement approved by the High Court.

 

The Outcome

A €1.1 million settlement was secured to meet the child’s ongoing needs, including:

• Specialist therapies and rehabilitation
• Medical treatment and monitoring
• Support for education and development
• Future care requirements

As Ronan Hynes, Patient Safety Advocate, commented:

This was a very serious birth injury case, with sadly profound and lifelong consequences for this child and their family. While liability was not admitted, the settlement reflects the seriousness of the injuries and will make a meaningful difference to the child’s future care and quality of life. This case underscores the critical importance of patient safety in maternity services in Ireland and of ensuring that families received the answers and appropriate supports they need in the most difficult of times.

The Family’s Experience

The impact of Erb’s palsy extends far beyond the delivery room. For many families, the diagnosis comes as a shock and brings uncertainty about the future.

In this case, the family said:

The past number of years have been extremely difficult… While no outcome can undo what has happened, this settlement will help us provide the care, support and opportunities our child will need. Our focus now is on giving them the best possible quality of life.

 

Why This Matters

Birth injuries such as brachial plexus injury, Erb’s palsy, and complications from shoulder dystocia are often complex. However, where avoidable failures in maternity care occur, families may be entitled to legal redress to support their child’s future

 

Speak to a Specialist

If your child has been diagnosed with Erb’s palsy, brachial plexus injury, or you have concerns about potential birth injury negligence, our expert healthcare team led by Ronan Hynes, Partner, can help you understand your options.

Contact us today on 061 414 355 or alternatively via email at [email protected] for a confidential consultation.