If your baby's arm was injured during a difficult delivery and the weakness hasn't fully recovered, we can look at whether the delivery was managed properly and tell you whether you have a claim.
Erb's palsy is weakness or paralysis of a baby's arm caused by damage to the brachial plexus, the network of nerves that runs from the neck to the shoulder and arm.
It most often happens when a baby's shoulder gets stuck behind the mother's pelvic bone after the head is born. That emergency is called shoulder dystocia.
Many babies recover in the first few months. Some are left with permanent weakness, a shorter arm or limited movement, and need nerve surgery and years of physiotherapy. Claims focus on those lasting injuries.
Shoulder dystocia can't always be predicted or prevented, so not every case is negligence. A claim may be possible where:
The key evidence is usually the delivery notes: who was in the room, which manoeuvres were used and in what order, and how long passed between the birth of the head and the body.
An independent obstetrician or midwife reports on how the delivery was managed. An expert in nerve injuries reports on the arm, the treatment your child needs and the long-term outlook.
If the delay also caused a brain injury, our page on cerebral palsy and birth brain injury explains how that part of the claim works.
A mother can also claim for her own injuries from the same delivery, such as a severe tear or heavy bleeding. See childbirth injuries to mothers.
Contact us through our enquiry form, phone, or email. We’ll review your situation, answer your questions, and explain what to expect next. There’s no upfront fee to begin your claim.
Your case will be carefully reviewed by our legal team.
We assess the strength of your claim, advise on the documentation needed, and guide you through key steps such as attending an independent medical examination and preparing the information required for the Injuries Resolution Board (IRB).
Once you decide to move forward, we take care of everything. This includes gathering evidence, contacting the other party or their insurer, submitting your claim to the IRB, managing settlement discussions, and handling any court proceedings if needed.
Louise Harkin, a solicitor admitted in Ireland, leads our work on birth injury, obstetric, gynaecology and paediatric claims. Read Louise's profile.
Every medical negligence claim needs independent expert evidence. We instruct experienced experts in obstetrics, midwifery and nerve injuries to report on the care given and on the injury it caused.
Kearney Law is the Foundation for Infant Loss's exclusive legal panel member for the whole of Ireland. Our team takes part in the Foundation's training on maternity safety and on supporting bereaved families. Find us in the Foundation's directory.
There are no upfront fees. Before you go ahead, we set out in writing how legal costs work, as section 150 of the Legal Services Regulation Act 2015 requires. No Win No Fee explained.
No. Shoulder dystocia can happen without warning, and a nerve injury can occur even when the delivery is handled well.
A claim depends on expert evidence that the risk should have been spotted, or that the delivery was managed in a way that no competent practitioner would have managed it.
Many babies with Erb's palsy recover fully within the first year. Others are left with lasting weakness. Because the outlook matters so much, experts often wait to see how the arm recovers before the claim is valued.
Shoulder dystocia is when a baby's head has been born but a shoulder is stuck behind the mother's pelvic bone. It is an obstetric emergency.
Staff are trained to use set manoeuvres, such as changing the mother's position and applying pressure above the pubic bone, to free the shoulder without pulling on the baby's head.
Your child's claim must be issued before they turn 20: two years from their 18th birthday, under the Statute of Limitations (Amendment) Act 1991. A mother's claim for her own injuries has a two-year limit from her date of knowledge.
For births in HSE and voluntary hospitals, the State Claims Agency manages the claim. For private care, the claim is usually against the consultant or private hospital and their insurer.
No. The Injuries Resolution Board (formerly PIAB) doesn't assess medical negligence claims. They go through the courts, usually the High Court for serious injuries, although most settle before a full trial.
No. There are no upfront fees. Before you go ahead, we give you clear written terms explaining how legal costs work, as section 150 of the Legal Services Regulation Act 2015 requires. Read No Win No Fee explained for more.
Regulated by the Law Society of Ireland
Kearney Law handles only personal injury and clinical negligence claims.
We act for clients across Ireland, including Dublin, Cork, Galway, Limerick, Waterford and Letterkenny. See all the areas we cover.
Contact us to talk to a solicitor about your claim, or request a case review.
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