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Erb’s Palsy and Brachial Plexus Injury Claims in Ireland

Erb’s palsy claims in Ireland can arise where a baby suffers a brachial plexus injury during a difficult delivery and there are concerns about how the birth was managed.

If your baby was left with a weak or immobile arm after a difficult delivery, it may be the result of a brachial plexus injury. Where that injury was caused by the way the delivery was managed, you may be able to bring an Erb’s palsy claim in Ireland. This page explains what these injuries are and when they may give rise to a claim.

What is a brachial plexus injury?

The brachial plexus is the network of nerves that controls movement and sensation in the arm and hand. When these nerves are stretched or torn during birth, the result can be weakness or paralysis in the affected arm. Erb’s palsy is the most common form and affects the upper nerves. Some babies recover fully with treatment, while others are left with permanent loss of function.

How these injuries happen

Brachial plexus injuries are frequently associated with shoulder dystocia, a complication where the baby’s shoulder becomes lodged behind the mother’s pubic bone during delivery. Managing shoulder dystocia safely calls for specific recognised techniques carried out promptly and without excessive force.

When the injury may amount to negligence

Shoulder dystocia can occur without warning, so the injury is not automatically negligent. Concerns may arise where:

  • Recognised risk factors, such as a large baby, maternal diabetes or a previous shoulder dystocia, were not identified or acted upon
  • The shoulder dystocia was not managed using appropriate techniques
  • Excessive traction or force was applied to the baby’s head and neck during delivery

How these claims are proven

The investigation centres on the maternity records and independent expert opinion on obstetric practice, in particular how the dystocia was anticipated and managed and whether the degree of force used was appropriate. Expert evidence on the likely long-term function of the arm is also important in valuing the claim.

Compensation

Compensation reflects the severity and permanence of the injury, the impact on the child’s daily life and any future care, therapy, surgery or equipment that may be needed. Cases involving permanent loss of function are valued very differently from those where a good recovery is expected. Each case is assessed individually.

Talk to us

To discuss your situation in confidence, call free on 1800 246442, email info@sweeneysolicitors.ie or book a video consultation. The initial consultation is free and there is no obligation. We have offices in Cork, Dublin and Limerick and advise clients nationwide.

This page is part of our wider guide to birth injury claims in Ireland. You may also wish to read about cerebral palsy and oxygen deprivation claims or our birth injury FAQs.

Reviewed by David Sweeney, Solicitor, Sweeney Solicitors. Last reviewed June 2026

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Disclaimer: This page is for general information only and is not legal advice. In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

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