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Erb's palsy settlement

Injury during delivery is one of the most common causes of Erb's palsy in newborns. Most babies with Erb's palsy make a full recovery. However, some are left with a permanent disability that can mean a lifetime of expensive care. If your baby's Erb's palsy could have been avoided, you may be entitled to financial compensation. Learn about Erb's palsy lawsuit settlements now.

What are Erb’s palsy lawsuit settlements?

Erb’s palsy lawsuit settlements are financial payouts made to families of babies born with a brachial plexus injury caused by medical malpractice. The brachial plexus is the network of nerves near the neck that, when damaged, can lead to Erb’s palsy.

An Erb’s palsy settlement is the most likely outcome of a lawsuit filed against a doctor, nurse, or hospital whose negligence caused a baby’s brachial plexus injury.

In an Erb’s palsy lawsuit, the plaintiff (the party who files the legal case) believes that the defendant (the party being sued) is responsible for causing their child’s condition. The plaintiff usually claims that the defendant did not meet the accepted standard of medical care.

If medical negligence is likely, lawyers for both parties attempt to negotiate a dollar amount to resolve the case before it goes to trial. Erb’s palsy lawsuit settlements occur when these negotiations are successful.

If a settlement agreement cannot be reached, the lawsuit may go to civil court to be decided by a judge or jury.

Connect with our team today to discuss your family’s situation. We are available 24/7 to listen to your story and help you get started.

Benefits of an Erb’s palsy settlement

For many families, receiving compensation faster is the most significant benefit of an Erb's palsy settlement. This can be especially important for new families who were not expecting their baby to need extra medical treatment.

A birth injury lawyer will work to negotiate an Erb's palsy out-of-court settlement so that their clients can move forward with their lives and begin healing.

Additional benefits of an Erb’s palsy settlement include:

  • Avoiding an emotionally and physically exhausting lawsuit
  • Not having to face the health care professional who caused harm in a courtroom
  • Reducing the need to relive the traumatic events throughout a lengthy legal battle

The amount awarded in a verdict could be less than what you would have gotten if you had taken an Erb's palsy settlement. Even worse, if it is decided that your child's Erb's palsy was not caused by medical malpractice, you could receive no compensation or justice.

Agreeing to an Erb’s palsy settlement guarantees that your family will receive financial compensation. In contrast, if your case is decided through a verdict by a judge or jury, there is no way to predict the outcome.

Is Erb’s palsy always medical malpractice?

The causes of Erb’s palsy are not always related to medical malpractice. That being said, most cases of Erb’s palsy in newborns are linked with an injury during delivery.

“Erb’s palsy is … typically caused by a physical injury during newborn delivery or by traumatic force downward on the upper arm and shoulder, damaging the brachial plexus.”

- Baptist Health

A difficult delivery is one of the most common causes of Erb's palsy. This is especially true if certain risk factors are present.

Sometimes brachial plexus injuries are unavoidable. However, they could have been prevented in other cases, which means medical malpractice likely played a role.

Examples of Erb’s palsy caused by medical malpractice include:

  • Delaying or failing to order a cesarean section (C-section) during a difficult vaginal delivery
  • Failing to monitor and treat the mother and/or child for high-risk conditions, such as maternal diabetes
  • Misusing assistive delivery tools, such as forceps or vacuum extractors
  • Pulling too hard on a baby’s feet during a breech (bottom or feet-first) delivery
  • Using excessive force on the baby's head, neck, or shoulders when pulling them from the birth canal, especially in shoulder dystocia cases (when one or both shoulders become stuck in the birth canal during vaginal delivery)

If you suspect your child’s Erb’s palsy was caused by a mistake made by a medical professional, chat with one of our registered nurses in confidence.

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Can you sue a doctor for Erb’s palsy?

Yes, you may be able to sue for Erb’s palsy if medical malpractice or another form of negligence caused your child’s Erb’s palsy.

The thought of suing a doctor or nurse may make new parents uncomfortable. However, you should not have to bear the weight of an unexpected birth injury alone.

Seeking an Erb’s palsy settlement to provide quality medical care for your child may be the best option for your family.

As of August 2023, our trusted legal partners have recovered over $862 million for families affected by birth injuries, including Erb's palsy lawsuit settlements.

Why should I file an Erb’s palsy lawsuit?

You should file an Erb’s palsy lawsuit to ensure you have the funds to seek proper treatment for your child.

Erb’s palsy usually resolves in the first year of life if treatment begins at one month. However, without prompt treatment, Erb’s palsy symptoms can turn into a permanent disability, creating a lifetime of challenges.

“Erb palsy generally has a favorable prognosis and can be completely resolved in the first year of life if recovery begins within four weeks. However … the injury becomes irreversible at 18 to 24 months.”

— National Institutes for Health (NIH)

Many new parents don't understand how challenging the recommended Erb's palsy treatment can be and, sadly, find themselves underprepared.

Erb’s palsy can involve costly and time-consuming treatments such as:

  • Corrective surgery ( nerve graft surgery, nerve transfers, muscle repair surgery, etc.)
  • Hydrotherapy (physical therapy used with water)
  • Occupational therapy (treatment that focuses on fine motor skills, developmental delays, etc.)
  • Physiotherapy (customized treatments aimed at improving function and movement)
  • Other therapies like botulinum toxin (Botox®) injections for muscle relief

The reality is that over time, the cost of Erb’s palsy treatment can add up to more than many families can afford. Seeking an Erb’s palsy settlement may be the best path forward so you can focus on your child’s care.

What are average Erb’s palsy settlements & verdicts?

Calculating an average for Erb's palsy lawsuit settlement amounts is not as straightforward as it may sound. This is because brachial plexus injury compensation amounts vary drastically for each case.

When medical mistakes cause a severe injury that leads to lifelong complications, Erb's palsy settlements and verdicts can award millions of dollars.

According to the New York Law Journal, a jury awarded over $18 million to the family of a baby born with Erb’s palsy and brain damage caused by medical negligence at a hospital in the Bronx.

In less severe cases of Erb's palsy, the amount awarded could be far lower.

An experienced Erb’s palsy lawyer can help you determine what your child’s birth injury case may be worth.

Notable Erb’s palsy & brachial plexus injury compensation amounts

Compensation for Erb's palsy lawsuits varies depending on many factors, including how severe the condition is. That said, reviewing examples of financial awards can give families an idea of what they may be able to expect.

Some notable Erb’s palsy lawsuit settlements include:
  • $5 million awarded to a family in Connecticut
  • $3+ million Erb's palsy settlement in a 2020 New York case
  • $2+ million awarded to a North Carolina family
  • $1.5 million awarded for an Erb’s palsy lawsuit to a family in South Carolina
  • $750,000 Erb’s palsy award in Washington, D.C.

We partner with some of the best Erb’s palsy lawyers across the country. Our national network of top birth injury lawyers has a proven track record of recovering maximum compensation for families dealing with a birth injury.

Get a free case evaluation today to see if you could be eligible for compensation from an Erb’s palsy settlement.

How do I get an Erb's palsy settlement?

For many families, the best way to get an Erb’s palsy settlement is to work with a skilled birth injury law firm with experience handling brachial plexus palsy cases.

The Erb’s palsy attorneys who work for these firms will fight aggressively on your child’s behalf to help ensure your family gets the maximum amount of compensation in the shortest amount of time.

You can use money from an Erb's palsy settlement to help pay for:

  • Adaptive equipment and home modifications
  • Medical treatment, including occupational and physical therapy
  • Medications
  • Mobility aids
  • Special education
  • Surgical procedures
  • Transportation
  • And many other out-of-pocket expenses

It is important to understand you have a strict deadline called a statute of limitations that will apply to your particular case. Learn more about how Erb’s palsy statutes of limitations can affect your case below.

What is the Erb’s palsy statute of limitations?

The Erb’s palsy statute of limitations is a deadline that limits the time families have to file a birth injury lawsuit. The statute of limitations varies by state, but in most states, parents generally have 2-3 years to take legal action.

If a child with Erb’s palsy wishes to take legal action, the statute of limitations usually begins on their 18th birthday.

Understanding the statute of limitations that applies to your case is crucial. If your deadline passes, you may be forever prevented from taking legal action for your child’s brachial plexus injury.

A skilled Erb’s palsy lawyer can help you file your case before your deadline. Don’t delay — get a free consultation now.

How do I find an Erb’s palsy lawyer near me?

If you believe your child’s Erb’s palsy was caused by medical negligence, you should find a lawyer you are comfortable with right away.

Working with a top Erb’s palsy lawyer can help ensure your family gets the financial compensation needed to provide a stable future for your child.

Remember, you should not have to pay for your health care provider’s mistakes. You and your child deserve the best quality of life, and we may be able to help.

Contact us today for a free and confidential case review. Our trusted legal partners can help determine if you are eligible for an Erb’s palsy settlement.

 

Erb’s palsy settlement FAQs

Can you sue a doctor for Erb's palsy?

Yes, you may be able to sue a doctor for Erb's palsy if your child's condition was caused by an avoidable medical mistake. While there are no guarantees that you will win your case, filing a lawsuit is the first step in pursuing an Erb's palsy settlement or verdict.

How much compensation do you get for brachial plexus injury?

While it is impossible to determine the amount of money you may be entitled to, a medical malpractice lawsuit for permanent brachial plexus injuries could result in a settlement awarding millions of dollars to your family.

If your child suffered from a brachial plexus injury, including Erb's palsy (Erb-Duchenne paralysis), you may be able to seek financial compensation through an Erb's palsy settlement.

A skilled birth injury lawyer will fight for the maximum amount of money for your case.

Is brachial plexus injury malpractice?

A brachial plexus injury could be medical malpractice if a doctor, nurse, or other health care professional made a preventable mistake that led to the condition. This could include failure to properly respond to a difficult delivery or pulling too forcefully on the baby’s head, neck, or shoulders while guiding them out of the birth canal.

What is Erb's palsy lawsuits?

Erb's palsy lawsuits are legal claims that allege a brachial plexus injury could have been prevented if it weren't for negligent care. In most cases, if the evidence is strong, the lawsuit will result in financial compensation through an Erb's palsy out-of-court settlement.

How serious is Erb's palsy?

Erb’s palsy in newborns can be very serious without prompt and proper treatment. Some brachial plexus injuries can be treated with physical therapy, while other cases may require corrective surgery. Nerve damage usually resolves within the first year. However, severe or untreated Erb’s palsy cases can lead to permanent disability.

Reviewed by:Andi Lowe, DNP, MSN

Registered Nurse (RN)

  • Fact-Checked
  • Editor

Andi Lowe is an experienced nurse leader who has been practicing in the area of obstetrical nursing for more than 18 years. She specializes in labor and delivery and is a certified fetal monitoring instructor. Andi uses her medical expertise and educate and support families and children impacted by cerebral palsy, Erb's palsy, and birth injuries.

Cerebral Palsy Guide was founded upon the goal of educating families about cerebral palsy, raising awareness, and providing support for children, parents, and caregivers affected by the condition. Our easy-to-use website offers simple, straightforward information that provides families with medical and legal solutions. We are devoted to helping parents and children access the tools they need to live a life full of happiness

Sources
  1. Erb's palsy causes, diagnosis and treatment. Baptist Health. (n.d.). Retrieved March 15, 2023, from https://www.baptisthealth.com/care-services/conditions-treatments/erbs-palsy#:~:text=Erb's%20palsy%20is%20a%20condition,shoulder%2C%20damaging%20the%20brachial%20plexus.
  2. Erb's palsy: What is it, symptoms, causes & treatment. Cleveland Clinic. (2021, October 20). Retrieved March 14, 2023, from https://my.clevelandclinic.org/health/diseases/21986-erbs-palsy
  3. Law.com homepage. New York Law Journal. (n.d.). Retrieved March 15, 2023, from https://www.law.com/newyorklawjournal/
  4. Topverdict.com. Top Verdicts & Settlements - TopVerdict.com. (n.d.). Retrieved March 15, 2023, from https://topverdict.com/
  5. U.S. National Library of Medicine. (2022, June 7). Home - books - NCBI. National Center for Biotechnology Information. Retrieved March 15, 2023, from https://www.ncbi.nlm.nih.gov/books