Erb's Palsy Lawsuit

A claim may name potentially responsible providers. This may include an obstetrician, nurse, delivery provider, or the hospital. The evidence that is available can determine who may be named.

A birth injury decision addressed claims against doctors, nurses, hospitals, and other medical staff after allegedly negligent delivery care.

Excessive traction may be one issue. Mishandled shoulder dystocia may also be an issue.

Research on forceps and vacuum extraction has found that improper use may worsen birth trauma or asphyxia.

Another New York state malpractice case addressed allegations that excessive force during delivery seriously injured a baby.

Liability would still depend on the evidence. A court would determine liability.

Erb’s palsy is a term that refers to weakness or paralysis in the arm. This paralysis is caused by damage to nerves that are part of the brachial plexus.

The Cleveland Clinic has described Erb’s palsy as a nerve condition, and this affects the shoulder and the arm. It may cause weakness, and sometimes it may also cause loss of muscle function.

Cleveland Clinic also explains birth injuries. It identifies Erb’s palsy as arm weakness or paralysis caused by brachial plexus damage. The nerve injury may be mild or severe. Some nerves may be stretched or torn.

A brachial plexus birth injury case discussed Erb’s palsy and Klumpke’s palsy. The case addressed claims that delivery techniques allegedly caused nerve damage.

Signs & Symptoms of Erb’s Palsy

Signs may appear soon after birth, and the possible symptoms may include any of the following:

• Weakness in one arm

• Little or no arm movement

• Reduced shoulder movement

• Reduced movement of the elbow

• Incongruent arm positioning

• Partial paralysis

Some signs may become more noticeable as the child continues to develop.

How Is Erb’s Palsy Diagnosed?

Doctors may first examine the child’s arm movement and strength.

Testing may be used to assess nerve damage. Medical records and the test results may also be relevant. These may be relevant to a legal review.

The diagnosis does not prove how the injury happened. The delivery records may initially help explain the cause.

Treatment & Prognosis

Treatment would depend on the severity of the nerve injury.

In these types of cases, physical therapy may help some children. Others may also receive occupational therapy. However, those with more serious injuries may require surgery.

One study of brachial plexus birth palsy found that many children recover without surgery. Even though that is the case for others, some continue to experience long-term effects.

Another study has highlighted that brachial plexus birth palsy can cause permanent and lifelong impairment.

In one cohort study, 77% of the infants had completely recovered within three months. However, that result particularly applies to the group being studied and does not predict an individual child’s outcome.

A Washington University guide explains that a nerve avulsion is not expected to resolve on its own.

Recovery is not always rapid and, in some cases, may require a lengthy period of time. Another Washington University resource has noted that improvement for some may continue over months or years.

Erb’s palsy happens when the brachial plexus is stretched or otherwise damaged. Difficult deliveries are one possible setting for that injury.

Research on brachial plexus injury has found that Erb’s-type injuries may occur even when shoulder dystocia was not recognized.

Shoulder dystocia may raise concerns in some cases. Excessive pulling on the baby’s head, neck, or shoulders may also be relevant.

An Ohio birth injury case addressed allegations that poor monitoring and management during a difficult labor caused preventable harm.

Is Erb’s Palsy Caused by Medical Negligence?

Not always. The condition Erb’s Palsy can happen despite the medical team following the accepted standard of care.

In a federal birth injury case reported by the U.S. Department of Justice, the court explained that a birth injury alone does not automatically prove malpractice.

Some cases would involve allegations about excessive force. Others would have questions about a delayed C-section or, at times, about improper management of shoulder dystocia.

One New York court decision has discussed allegations that delayed diagnosis or treatment of a maternal complication caused harm.

The federal court case addressed allegations that excessive traction, especially during shoulder dystocia, caused permanent nerve damage.

An Erb’s palsy lawsuit may focus on the delivery timeline and the force used during birth.

An Erb’s palsy case typically starts with a review of the delivery and medical records.

The case may then proceed through investigation, filing, settlement talks, or trial.

1. Free Case Review

The initial review may focus on the pregnancy and delivery.

A lawyer may ask about shoulder dystocia or the use of forceps. The child’s symptoms and treatment may also be discussed.

An erbs palsy lawyer may then identify which records require closer review.

2. Investigation & Gathering Evidence

Records may include:

• Prenatal records

• Records of labor

• Notes on delivery

• Diagnostic testing

• Charts of treatment

• Available photographs

• Witness statements

• Opinions on the medical side

A federal appeals court opinion considered prenatal, labor, delivery, and newborn records when reviewing a birth injury claim.

Medical testimony may also be needed to address the standard of care and causation.

3. Filing the Lawsuit

The complaint would identify the defendants. It would also explain the alleged medical errors and the outcome of the injury. State filing rules must still be followed.

4. Negotiating a Settlement

Settlement discussions are also possible. This may begin after both parties review the medical evidence.

The child’s prognosis may have an influence on the negotiations. The costs of the treatment and the future care that are needed may also matter.

However, settlement is not guaranteed.

5. Trial (If Necessary)

A case that does not settle may proceed to trial.

Medical professionals and other witnesses may present evidence. A judge or jury then decides the case.

There is no fixed settlement amount for an Erb’s Palsy lawsuit.

Families may request compensation. This compensation may be for losses allowed under state law. Those losses may include important expenses such as treatment, therapy, future care, or adaptive equipment.

The loss of income or reduced future earning ability may also be claimed in some cases. However, no category of damages is automatic.

Average Erb’s Palsy Settlement Amounts

There is no such thing as a reliable national average.

There is also no single answer to the question of how much is an erbs palsy lawsuit worth.

The value would depend on how severe the nerve damage is. The evidence of negligence can also affect such a case.

Future treatments and long-term disability influence what can be claimed regarding the damages. State law may also affect what may be recovered.

It is important to note that another family’s settlements do not predict another case’s outcome.

Notable Erb’s Palsy Case Verdicts

Erb’s palsy cases may happen under different delivery circumstances.

One federal lawsuit concerned an alleged permanent brachial plexus injury after birth.

Another federal medical malpractice case discussed a permanent brachial plexus injury. The family claimed that informed consent was not obtained for the vaginal delivery. Yet, the doctor has testified that a C-section had been offered. The doctor also testified that the mother was warned about the risk of the baby becoming stuck.

These kinds of cases provide context. Even so, the outcome of one claim does not predict the outcome of another.

Factors That Affect Case Value

Common factors include:

• Severity of nerve damage

• Permanence of the injury

• Surgery or therapy needs

• Medical care in the future

• Permanent impairment

• Loss of earning capacity

• Physical discomfort and psychological injury

• Evidence of negligence

Stronger evidence that connects a delivery error to the injury may support a liability claim. The final result would still depend on the nature of the case.

Families do not need all the answers to their own questions before requesting a case review.

Medical records may be a big help in explaining what happened during delivery. The assessment may also review the symptoms of the child and the history of treatment.

Families that are trying to look for a law firm for an erbs palsy lawsuit may ask questions about how the firm assesses and reviews birth records and how deadlines are tracked.

Free consultations are available to families who believe that preventable delivery errors may have contributed to their child’s injury.

Get a Free Consultation for an Erbs Palsy Birth Injury Lawsuit