The NHS has received 278 compensation claims relating to birth injuries over the last six years. The total value of the claims settled in this time is approximately £968,231,903.

Between the years of 2015 and 2021 alone, 278 cases of cerebral palsy and Erb’s palsy were acknowledged as a result of clinical negligence by twenty NHS trusts.

Bedfordshire Hospitals NHS Foundation Trust paid out £55,343,588 between 2015 and 2021, with 11 claims relating to cerebral palsy filed on behalf of patients.

The Trust was the only NHS establishment in the East of England to make the top 20 list of hospitals with the most birth injury claims settled.

Cerebral palsy is caused by damage to the brain, usually due to lack of oxygen. Typically, cerebral palsy can be the result of a difficult or mismanaged labour or pregnancy, negligent reading of CTG traces, as a result of infection during pregnancy or it can occur due to abnormal development of the baby’s brain during pregnancy.

There were fewer than five claims relating to Erb’s palsy for most trusts in the last five years. As a result, the NHS does not provide individual trust data in order to preserve anonymity.

Erb’s palsy is caused by nerve damage in the shoulder, arm, and/or hand. Negligent actions that can lead to Erb’s palsy include; pulling the baby’s head or neck sideways as they pass through the birth canal during a difficult delivery, pulling the baby’s shoulders during a head-first delivery, or pulling on the baby’s feet during a feet-first (breech) delivery, putting too much pressure on the infant’s arms.

In some cases, patients have severe disabilities requiring 24-hour care because of their injuries sustained at birth. Stephensons has recovered millions of pounds in compensation for its clients, which has been used to cover care requirements, accommodation modifications, aids and equipment as well as provide financial compensation for the actual injury.

Whilst each compensation claim is completely unique, based on internal and NHS data, Stephensons Solicitors explains that an average pay out for a cerebral palsy birth injury can run in to seven figures, whilst the average claim value for an Erb’s palsy birth injury could be as high as six figures.