Grace’s Story – Living With Erb’s Palsy
Posted on in Medical Negligence
Grace was born at Colchester Hospital, following a very difficult labour and birth. During her mother Jo’s pregnancy, measurements taken during a scan at 37 weeks confirmed what midwives had suspected, that she was likely to have a large baby. She was estimated to weigh 7 ½ pounds at that stage of the pregnancy. Following the scan, Jo was advised by her Consultant Obstetrician that with big babies, there was a risk that the shoulders could get stuck during birth (this is known as shoulder dystocia). But she was told that this was very rare and if it did happen, she might need help to deliver her, using forceps or emergency caesarean section. Understandably, Jo was really worried as this was her first pregnancy, but when she asked if she could have a planned caesarean section instead, she was told that this was not an option and they would induce her if she went 10 – 14 days overdue.
In fact, Jo went into labour around her due date and was admitted to the hospital, but progress was very slow. Jo was anxious and, after several hours, asked if she could have a caesarean section because she was having a big baby and was exhausted. But the doctors ignored her and tried to reassure her that she would manage the birth.
After a very long labour, Grace’s head was finally delivered using a ventouse and then forceps. But it became clear her shoulders were stuck, exactly the complication Jo had feared. The staff did not fully follow the recognised shoulder dystocia protocol, and the doctor pulled on Grace’s head to deliver her. Grace was born weighing 10 pounds, with a swollen, bruised face and a limp left arm. She was diagnosed with Erb’s Palsy, a form of brachial plexus injury caused when the nerves controlling the shoulder and arm are stretched or torn.
Initially, the hospital reassured Jo that Grace’s injury would be temporary, denying any fault. Her parents had to do their own research to understand the condition and how to care for their daughter. What should have been a happy and joyful time was filled with worry. They began stretching exercises and sensory activities immediately, encouraging the nerves to work whilst anxiously watching for signs of recovery. They constantly worried that she might be in pain from the injuries she had sustained at birth. Despite their efforts, after several weeks, Grace showed only slight improvement.
Through their own online searches, they found the Erb’s Palsy Group (EPG), a volunteer-run charity providing advice and support. The EPG Chair reached out personally, helping them understand the condition, sharing resources, and encouraging them to connect with other families. With their guidance, Grace was referred to the Erb’s Palsy Unit at Leeds General Infirmary, one of the UK’s leading centres for brachial plexus injuries. At just six months old, Grace underwent surgery to release scarring around the affected nerves. Thankfully, the operation was successful, and with intensive physiotherapy and support, Grace began to regain some movement.
When Grace was five months old, her parents also decided to seek legal advice. On recommendation from the EPG, they contacted Tozers Solicitors, who specialise in Erb’s Palsy claims. Tozers advised Jo to make a formal complaint to the hospital and began a detailed investigation into Grace’s care. They obtained the medical records, took witness statements, and discovered that the same doctor had been involved in another Erb’s Palsy case they were handling, which happened several years earlier. Tozers highlighted these striking similarities to the hospital’s legal team and invited them to admit responsibility. After several months, the Trust agreed not to defend the claim and invited Tozers to set out the claim for damages.
Tozers then issued court proceedings on Grace’s behalf and secured judgment for damages. Because Grace was still very young, they recommended waiting until she was older to fully assess her long-term prognosis. In the meantime, Tozers applied for an advance payment so Grace could access private therapy and specialist equipment. This funding allowed Grace to attend private physiotherapy sessions in an environment especially for children, strengthening her arm and improving her fitness and confidence.
As Grace grew, her left arm hasn’t kept pace with the size of her right arm. Some of her clothes have been adapted by a seamstress. Her left arm remains weaker and smaller, and she has a reduced range of movement. She experiences pain in her arm and shoulder. She naturally uses only her right arm when possible, so her parents have constantly encouraged her to use her left arm as much as possible with activities and play.
Any two-handed activities are difficult and lifting or carrying heavy or awkward items. Grace has faced obstacles with daily activities such as using cutlery, washing, dressing, and writing. Fortunately, simple adaptations or the use of aids or equipment can make life a little easier. Grace learned to adapt to her limitations with remarkable resilience.
Sadly, Grace had to give up the tennis club at school, because she couldn’t serve. She finds it difficult to shoot the ball in sports such as netball and basketball. She also couldn’t take part in the tug of war in sports day. Whilst Grace can ride a bike, she recently decided not to take part in a bikeability course with her friends because she cannot hold onto the handlebars with one hand to indicate with the other, and using the brakes on the left side of the bike is tricky.
Starting school is a milestone for any child, but for Grace, it presented additional challenges, with new activities and an emphasis on independence. Her mother liaised with her schools, and fortunately, they were very supportive, and Grace has thrived at school despite her difficulties.
Employers and Schools are under a legal duty to make reasonable adjustments to accommodate someone with a disability. In order to sit her 11 + for Grammar school applications in support of adjustments were made by her mother and supported by her teachers and physiotherapist. Grace was allowed rest breaks (to ease the pain and stretch), a separate exam room and additional exam time, and access to an adapted ruler and paper weights to hold the paper still. These simple adjustments levelled the playing field for her.
Swimming has become Grace’s passion. She started swimming at a very young age due to its therapeutic benefits, and she now trains five times a week with both a mainstream and disability swimming club. With determination and encouragement from her coaches, she has adapted her technique to suit her physical needs. Recently, after years of dedication, 2 years of stamina training, and a rigorous assessment process, Grace has achieved official classification as a para-swimmer, allowing her to compete nationally. Her dream is to one day swim in the Paralympics.
Grace is a resilient, confident, and positive girl who openly talks about her condition and educates her classmates about Erb’s Palsy during awareness week. She is genuinely proud of it, saying that it makes her who she is. Her family credits the Erb’s Palsy Group for guiding them through an incredibly difficult journey and Grace’s own determination.
For help and support about Erb’s Palsy click here
For information about bringing a legal claim click here