Erb’s Palsy: Causes, Symptoms, Treatment & Legal Options

Erb’s palsy is a type of birth injury that affects the nerves in a newborn’s upper arm, resulting in weakness or paralysis. This condition occurs when the brachial plexus—a network of nerves near the neck that controls arm and hand movement—becomes damaged during delivery. Learning your child has Erb’s palsy can be overwhelming, but understanding the condition and its causes is the first step toward getting your family the support and answers you deserve. While some cases result from unavoidable complications, many instances of Erb’s palsy occur because of preventable medical errors during labor and delivery.

If your child was diagnosed with Erb’s palsy and you believe medical negligence played a role, you may have legal options. A birth injury attorney can review your delivery records at no cost and help you understand whether malpractice occurred. Because statute of limitations deadlines apply to birth injury cases, it’s important to get answers sooner rather than later. Contact a birth injury lawyer today for a free, confidential case evaluation.

On this page:

• What is Erb’s palsy
• How it differs from other injuries
• Signs and symptoms in newborns
• Root causes and risk factors
• When it becomes medical malpractice
• Diagnosis and medical testing
• Treatment approaches and therapies
• Recovery timeline and prognosis
• Long-term outlook and complications
• Filing an Erb’s palsy lawsuit
• Compensation for birth injuries
• Finding the right attorney
• Frequently asked questions

What Is Erb’s Palsy?

Erb’s palsy, also known as Erb-Duchenne palsy, is a paralysis or weakness of the arm caused by injury to the upper group of nerves in the brachial plexus. The brachial plexus is a bundle of five nerves that originate from the spinal cord in the neck and extend through the shoulder, providing sensation and movement to the shoulder, arm, hand, and fingers.

Specifically, Erb’s palsy involves damage to the C5 and C6 nerve roots—the fifth and sixth cervical nerves. When these nerves are stretched, compressed, or torn during a difficult delivery, the affected arm loses some or all of its ability to move. The injury typically affects one arm, though bilateral cases can occur in rare situations.

This condition affects approximately one to two babies per 1,000 live births in the United States, according to research published in pediatric medical journals. The severity can range from mild weakness that resolves within weeks to complete paralysis requiring surgical intervention and years of therapy.

Understanding the mechanics of how brachial plexus injury occurs helps parents recognize whether their child’s condition resulted from natural complications or preventable medical errors.

How Erb’s Palsy Differs From Other Brachial Plexus Injuries

While Erb’s palsy falls under the broader category of brachial plexus birth injuries, it’s important to distinguish it from other related conditions. The brachial plexus consists of five nerve roots (C5, C6, C7, C8, and T1), and injuries can affect different combinations of these nerves.

Klumpke’s palsy affects the lower nerves (C8 and T1) and results in weakness or paralysis of the hand and wrist rather than the shoulder and upper arm. This condition is less common than Erb’s palsy and typically occurs when a baby’s arm is raised during delivery.

Total brachial plexus injury involves damage to all five nerve roots, resulting in complete arm paralysis. This severe form affects the entire arm from shoulder to fingertips and often has a less favorable prognosis than isolated Erb’s palsy.

Extended Erb’s palsy includes damage to C5, C6, and C7 nerves, affecting a larger portion of the arm than classic Erb’s palsy. The additional C7 involvement means weakness extends further down the arm and may affect wrist extension.

Most cases involving birth trauma fall into the Erb’s palsy category, where the upper nerves bear the brunt of excessive stretching forces during delivery. The characteristic “waiter’s tip” position—where the arm hangs limply at the side with the hand turned backward—helps identify this specific type of injury.

Signs and Symptoms of Erb’s Palsy in Newborns

Parents and medical staff can often identify Erb’s palsy immediately after birth or within the first few days of life. The affected arm displays distinct characteristics that differentiate it from normal newborn movement patterns.

The most recognizable sign is limited or absent movement in one arm. While the unaffected arm moves freely when the baby is startled or reaching, the injured arm remains still or demonstrates significantly reduced motion. The baby may be unable to move the affected shoulder or rotate the arm outward.

The classic “waiter’s tip” posture occurs when the arm hangs limply by the baby’s side with the elbow straight, the forearm turned inward, and the wrist bent backward. This position results from the specific pattern of muscle weakness caused by C5 and C6 nerve damage.

Asymmetric Moro reflex is another telltale sign. When a healthy newborn experiences the startle reflex, both arms extend outward symmetrically. With Erb’s palsy, only one arm extends while the affected arm remains motionless or demonstrates minimal movement.

Weakness in specific muscle groups becomes apparent during examination. The baby cannot flex the elbow, rotate the forearm to a palm-up position, or move the shoulder away from the body. Grip strength in the hand typically remains normal because the lower nerves controlling hand function are not affected.

Some infants with Erb’s palsy also experience sensory changes in the affected arm. The baby may show decreased sensation along the outer aspect of the shoulder and upper arm, though this can be difficult to assess in newborns.

In severe cases, additional symptoms may include a drooping eyelid (ptosis) or constricted pupil (miosis) on the same side as the affected arm. These signs indicate Horner’s syndrome, which occurs when nerve damage extends to affect sympathetic nerve fibers near the brachial plexus.

If you notice your newborn showing limited movement in one arm or displaying the characteristic arm position, immediate medical evaluation is necessary. Early diagnosis and intervention significantly improve outcomes. Don’t hesitate to speak with an attorney if you suspect the injury resulted from improper delivery techniques—a free case review can provide clarity about your legal options.

What Causes Erb’s Palsy During Birth?

Erb’s palsy develops when excessive force stretches the delicate nerves of the brachial plexus beyond their capacity. During vaginal delivery, several scenarios can create dangerous tension on these nerves, particularly when the baby’s head and neck bend to one side while the shoulders remain trapped.

Shoulder dystocia represents the most common cause of Erb’s palsy. This obstetric emergency occurs when the baby’s anterior shoulder becomes lodged behind the mother’s pubic bone after the head has already delivered. The time pressure to deliver the baby quickly can lead to excessive lateral traction on the head and neck, stretching the brachial plexus nerves.

Difficult or prolonged labor increases the risk of nerve injury. When the baby remains in the birth canal for an extended period, healthcare providers may apply greater force to assist delivery. Pulling or twisting the baby’s head while the shoulders are stuck creates the lateral bending that damages nerves.

Large birth weight, medically termed macrosomia, is a significant risk factor. Babies weighing more than 8 pounds 13 ounces (4,000 grams) have a higher likelihood of shoulder dystocia and subsequent brachial plexus injury. The larger shoulder diameter makes it more difficult for the baby to navigate through the birth canal.

Breech presentation, where the baby is positioned feet or buttocks first, poses particular danger. Delivering a breech baby vaginally requires careful manipulation, and improper technique can result in upward stretching of the arms and damage to the brachial plexus nerves.

Maternal diabetes contributes to increased risk through multiple mechanisms. Diabetic mothers are more likely to have larger babies, and elevated blood sugar can affect fetal development in ways that increase birth trauma risk. Gestational diabetes that is poorly controlled compounds these risks.

The use of assistive delivery instruments carries additional risk when not employed properly. Vacuum extractors and forceps, while sometimes necessary, can contribute to brachial plexus injuries when used with excessive force or improper technique, particularly in combination with shoulder dystocia.

Rapid or precipitous delivery can also cause Erb’s palsy. When the baby moves through the birth canal too quickly, there is less time for the shoulders to rotate properly, increasing the chance of the shoulder becoming stuck and requiring forceful maneuvers.

Multiple gestations, particularly with the second twin, present unique challenges. The second baby may experience more difficult delivery due to the position or size relative to the already-stretched birth canal.

Understanding these risk factors helps determine whether medical providers should have anticipated complications and taken preventive measures. When doctors fail to identify high-risk situations or respond appropriately to delivery complications, their negligence may constitute medical malpractice.

When Is Erb’s Palsy Caused by Medical Malpractice?

Not every case of Erb’s palsy results from medical negligence—some occur despite appropriate care. However, a significant percentage of brachial plexus birth injuries happen because healthcare providers deviate from accepted standards of care during pregnancy management or delivery.

Failure to identify risk factors during prenatal care represents a common form of negligence. Obstetricians should monitor fetal growth throughout pregnancy, particularly in mothers with diabetes or gestational diabetes. When ultrasound or other assessments suggest macrosomia, providers must discuss delivery options, including the potential need for cesarean section to avoid shoulder dystocia.

Improper response to shoulder dystocia constitutes another frequent source of malpractice claims. Established protocols, including the HELPERR mnemonic (Help, Evaluate, Legs, Pressure, Enter, Remove, Roll), provide a systematic approach to resolving shoulder dystocia safely. Pulling or twisting the baby’s head with excessive force violates these protocols and can cause preventable nerve damage.

Delayed decision to perform a cesarean section when vaginal delivery becomes unsafe demonstrates negligence. If labor is not progressing appropriately, if the baby shows signs of distress, or if shoulder dystocia cannot be quickly resolved, an emergency C-section may be necessary. Delaying this decision to continue attempting vaginal delivery can result in serious injuries.

Excessive use of force during delivery, particularly lateral traction on the baby’s head, exceeds the standard of care. Medical literature and professional guidelines emphasize that gentle downward pressure should be applied, and forceful pulling or twisting should be avoided even in emergency situations.

Improper use of vacuum extractors or forceps can contribute to Erb’s palsy. These instruments require specific training and technique. Using them when contraindicated, applying excessive force, or using them in conjunction with dangerous pulling on the baby’s head constitutes negligence.

Failure to obtain informed consent for risky delivery approaches may also support a malpractice claim. When a mother has known risk factors for shoulder dystocia or other complications, providers must discuss the risks of vaginal delivery versus cesarean section, allowing the mother to make an informed decision about her care.

Inadequate monitoring during labor prevents early identification of problems. Continuous or frequent fetal heart rate monitoring helps detect signs of distress that might indicate the need for intervention. Failure to monitor appropriately or to respond to concerning patterns can lead to complications requiring emergency maneuvers that cause injury.

Lack of experienced personnel during high-risk deliveries represents a systems failure. Hospitals should ensure that deliveries with known risk factors have adequate staffing, including physicians experienced in managing shoulder dystocia and neonatal complications.

To determine whether your child’s Erb’s palsy resulted from medical negligence, experienced birth injury attorneys work with medical experts who review labor and delivery records, prenatal care documentation, and hospital policies. These experts can identify deviations from the standard of care that contributed to your child’s injury.

Get answers about whether malpractice played a role in your child’s diagnosis. A birth injury attorney can arrange for expert medical review of your case at no upfront cost. Contact a legal professional today for a free, confidential consultation.

How Erb’s Palsy Is Diagnosed

Healthcare providers can often identify Erb’s palsy through physical examination shortly after birth. The characteristic arm position and lack of movement in the affected limb provide immediate visual clues that prompt further evaluation.

A detailed physical examination assesses the baby’s range of motion, muscle strength, and reflexes in both arms. The physician checks whether the baby can bend the elbow, rotate the forearm, move the shoulder, and demonstrate a symmetric Moro reflex. Observing the resting position of the arm and testing response to stimuli helps determine the extent of nerve involvement.

The Moro reflex test is particularly useful for identifying brachial plexus injuries. When the baby’s head is gently allowed to drop back slightly, a healthy infant will extend both arms outward symmetrically. Absence or significant asymmetry of this reflex on one side indicates nerve damage.

Muscle function testing evaluates specific movements controlled by C5 and C6 nerves. The examiner checks shoulder abduction (moving the arm away from the body), elbow flexion (bending the elbow), and forearm supination (rotating the palm upward). Weakness or inability to perform these movements confirms upper brachial plexus involvement.

X-rays may be ordered to rule out associated fractures. Shoulder dystocia and difficult deliveries can sometimes cause clavicle fractures or other bone injuries that might contribute to limited arm movement. Identifying or excluding these concurrent injuries helps guide treatment planning.

Electromyography (EMG) and nerve conduction studies provide detailed information about nerve function, though these tests are typically performed at three to four weeks of age rather than immediately after birth. EMG measures electrical activity in muscles, while nerve conduction studies assess how well signals travel through nerves. These tests help determine the severity and location of nerve damage.

Magnetic resonance imaging (MRI) offers detailed visualization of the brachial plexus nerves and surrounding structures. While not always necessary for diagnosis, MRI can be valuable when considering surgical intervention or when the extent of injury is unclear from clinical examination alone.

Serial examinations over the first few weeks of life help track recovery. Many mild cases of Erb’s palsy show improvement within days to weeks, so repeated assessments provide important information about prognosis and guide treatment decisions.

Early and accurate diagnosis is important because timely intervention improves outcomes. If your child’s Erb’s palsy was not diagnosed immediately after birth, or if appropriate diagnostic testing was delayed, this may represent substandard care worth discussing with a birth injury lawyer.

Treatment Options for Erb’s Palsy

Treatment for Erb’s palsy varies based on the severity of nerve damage and the child’s response to initial interventions. Many cases involve a combination of approaches, and treatment plans evolve as the child grows and develops.

Physical therapy represents the cornerstone of Erb’s palsy treatment for most children. Therapy should begin as early as the first few weeks of life, with gentle range-of-motion exercises preventing joint stiffness and maintaining flexibility while nerves heal. Therapists teach parents specific exercises to perform at home daily, ensuring consistent support for the affected arm.

Passive range-of-motion exercises involve moving the baby’s arm through its full range of movement multiple times daily. These exercises prevent contractures—permanent tightening of muscles and tendons—which can develop when an arm remains in one position for extended periods. Maintaining joint flexibility during the healing period is critical for optimal long-term function.

Occupational therapy becomes more important as the child grows older. Occupational therapists help children develop skills for daily activities, teaching adaptive techniques for tasks that might be challenging with limited arm function. They also recommend assistive devices and modifications that promote independence.

Hydrotherapy and massage can complement traditional physical therapy. Gentle water exercises allow the child to move the affected arm with reduced resistance, while massage helps maintain circulation and may provide sensory stimulation to affected areas.

Constraint-induced movement therapy, sometimes called “forced use” therapy, may be recommended for older children who favor their unaffected arm. By temporarily constraining the healthy arm, therapists encourage the child to use the affected limb, promoting neural pathway development and improving function.

Botulinum toxin (Botox) injections help manage muscle imbalances in some cases. When certain muscle groups remain strong while opposing muscles are weak, the imbalance can cause abnormal postures and limit function. Strategic Botox injections temporarily weaken overactive muscles, allowing better balance and improved range of motion.

Nerve grafting surgery is considered when significant improvement does not occur within three to six months. This procedure involves taking healthy nerve tissue from another part of the body and using it to repair or bypass damaged sections of the brachial plexus. Nerve grafts performed before the child reaches one year of age generally offer the best outcomes.

Nerve transfers represent an alternative surgical approach. In this procedure, surgeons identify functioning nerves near the brachial plexus that control less critical functions and redirect them to provide signals to more important muscles affected by the injury. This technique can restore some function when nerve grafting is not feasible.

Tendon transfers may be recommended for older children with residual weakness despite other treatments. This surgery involves moving a functioning tendon from one location to another, allowing a working muscle to perform the function of a paralyzed muscle. For example, a functioning muscle might be reposited to enable elbow bending if the normal elbow flexor muscles remain weak.

Orthopedic procedures address secondary complications such as bone deformities or joint contractures. Some children develop abnormal bone growth in the shoulder or limited joint range despite therapy. Surgical releases, osteotomies (bone cuts to improve position), or other orthopedic interventions can improve function and appearance.

Electrical stimulation therapy is used in some treatment centers to maintain muscle mass and provide sensory input to the affected arm. While evidence for its effectiveness varies, some practitioners incorporate it as an adjunct to traditional therapy.

The cost of comprehensive Erb’s palsy treatment can be substantial, involving years of therapy, multiple surgical procedures, and ongoing medical management. If medical negligence caused your child’s injury, compensation through a birth injury lawsuit can help cover these expenses. Speak with a birth injury attorney to understand your family’s options for obtaining the financial resources your child needs.

Recovery Timeline and Prognosis

The recovery outlook for children with Erb’s palsy varies considerably based on the severity of nerve damage. Understanding the typical progression helps families set realistic expectations and recognize when additional intervention may be necessary.

Mild injuries (neuropraxia) involve stretching of the nerve without tearing. These cases typically show noticeable improvement within the first few weeks of life, with many babies recovering full or near-full function within three to six months. Neuropraxia represents the most favorable type of injury and accounts for a significant portion of Erb’s palsy cases.

Moderate injuries (neuroma or axonotmesis) involve more significant damage where the nerve fibers are injured but the nerve sheath remains partially intact. Recovery takes longer, usually six months to two years, and may be incomplete. These children often regain functional use of the arm but may have some residual weakness or limitation, particularly with shoulder movements.

Severe injuries (rupture or avulsion) involve complete tearing of the nerve. Ruptures occur when the nerve tears at a point along its length, while avulsions involve the nerve root tearing away from the spinal cord. These injuries do not heal spontaneously and require surgical intervention to restore any function. Even with surgery, recovery is often partial.

The first three months after birth provide important prognostic information. Babies who show progressive improvement during this period generally have favorable outcomes. Those who show no improvement by three months are more likely to require surgical intervention and may have permanent deficits.

Biceps function at three to six months serves as a key prognostic indicator. If a child can bend the elbow against gravity by six months of age, they are likely to recover good arm function overall. Absence of elbow flexion by this age suggests more severe injury requiring consideration of surgical options.

Recovery patterns typically follow a proximal-to-distal progression, meaning shoulder and elbow function returns before forearm rotation and fine motor control. Some children recover excellent shoulder and elbow movement but retain limitations in forearm supination (rotating the palm upward) throughout life.

Long-term outcomes studies show that approximately 80-90% of children with Erb’s palsy recover functional use of the affected arm, though only about 20-30% achieve completely normal function. Most children can perform daily activities and participate in recreational activities, though some experience limitations with overhead reaching, lifting heavy objects, or activities requiring exceptional strength or coordination.

Secondary complications can develop during growth. Some children experience bone growth differences, with the affected arm becoming shorter than the unaffected side. Shoulder socket abnormalities, called glenohumeral dysplasia, may develop when muscle imbalances affect normal bone development during childhood.

Cosmetic concerns sometimes persist even when function is good. The affected arm may appear smaller or positioned differently than the unaffected arm. Some children develop self-consciousness about the appearance of their arm, which may affect their emotional well-being and social interactions.

Psychosocial support becomes important as children grow older and become more aware of differences between themselves and peers. Counseling, peer support groups, and activities that build confidence can help children with Erb’s palsy develop positive self-image and effective coping strategies.

Adult outcomes for children who had Erb’s palsy are generally favorable when appropriate treatment occurred. Most adults who experienced this birth injury lead full, productive lives with minimal limitations. Some choose occupations and hobbies that accommodate any residual weakness, while others participate in all activities without significant restriction.

Understanding what to expect helps families plan for their child’s needs. If your child’s recovery is not progressing as expected, or if you believe inadequate treatment contributed to poor outcomes, discussing your situation with a medical malpractice attorney may be appropriate.

Long-Term Outlook and Potential Complications

While many children with Erb’s palsy achieve good functional outcomes, some experience ongoing challenges that affect their lives into adolescence and adulthood. Recognizing potential long-term complications helps families prepare and advocate for necessary resources.

Permanent muscle weakness in the shoulder is one of the most common residual effects. Even after recovery, many individuals retain some limitation in shoulder strength, particularly for overhead activities. This can affect participation in certain sports, occupational choices, and daily tasks requiring reaching above shoulder height.

Limited range of motion, particularly external rotation of the shoulder and supination of the forearm, persists in some cases. These limitations may interfere with activities like throwing a ball, swimming certain strokes, or positioning the hand for specific tasks. Ongoing stretching and strengthening exercises help maintain the best possible range.

Limb length discrepancy occurs in approximately 20-30% of children with Erb’s palsy. The affected arm may grow shorter than the unaffected side, with differences ranging from barely noticeable to several centimeters. Significant discrepancies may affect function and appearance, sometimes warranting treatment.

Shoulder joint deformity, specifically glenohumeral dysplasia or glenoid retroversion, develops in some children when muscle imbalances during growth affect normal bone development. The shoulder socket may become abnormally oriented, contributing to limitations in motion and function. Severe cases may require surgical correction.

Scapular winging happens when weakness of shoulder stabilizing muscles allows the shoulder blade to protrude abnormally from the back. This can affect both appearance and function, making certain arm movements difficult or inefficient. Physical therapy focusing on scapular stabilization helps minimize this problem.

Chronic pain affects some individuals with Erb’s palsy, particularly those with residual muscle imbalances or joint abnormalities. Pain may result from overuse of compensatory muscles, joint stress from abnormal mechanics, or nerve-related discomfort. Pain management strategies, including therapy, medications, and activity modifications, help maintain quality of life.

Reduced sensation in the affected arm occurs in cases where sensory nerve fibers were damaged along with motor nerves. Decreased sensation can affect fine motor control and increase risk of injury because the child may not immediately notice cuts, burns, or other trauma to the affected limb.

Temperature regulation difficulties sometimes affect the injured arm. Some individuals notice that the affected arm becomes colder than the other arm, particularly in cool environments. This results from disruption of sympathetic nerve fibers that control blood vessel dilation.

Horner’s syndrome, characterized by a drooping eyelid, constricted pupil, and decreased sweating on one side of the face, can occur with severe brachial plexus injuries involving nerve roots very close to the spinal cord. This condition may be permanent and occasionally affects vision or appearance.

Psychological impacts should not be overlooked. Children who look or function differently from peers may experience social challenges, self-consciousness, or reduced self-esteem. Supporting emotional well-being is as important as addressing physical limitations.

Educational accommodations may be necessary for some children. Those with significant hand weakness or limited range of motion might need assistive technology, modified assignments, or additional time for tasks requiring fine motor skills. Working with schools to implement appropriate supports helps affected children succeed academically.

Vocational considerations become relevant as young adults with Erb’s palsy enter the workforce. While most can perform a wide range of jobs, certain occupations requiring exceptional upper body strength, bilateral coordination, or specific arm positions may pose challenges. Career counseling can help identify suitable paths that align with both interests and abilities.

Athletic participation is possible for most children with Erb’s palsy, though some sports may be more challenging than others. Adaptive techniques, position modifications, or choosing specific sports can allow meaningful participation. Many individuals with Erb’s palsy compete successfully in various athletic endeavors.

The lifetime costs associated with Erb’s palsy can be significant, including ongoing therapy, possible surgical procedures, assistive devices, educational accommodations, and potential impacts on earning capacity. When medical negligence causes your child’s injury, a birth injury lawsuit can provide compensation to help cover these expenses and ensure your child has access to necessary resources throughout their life.

Filing an Erb’s Palsy Lawsuit

When medical malpractice causes Erb’s palsy, families have the right to pursue compensation through the legal system. Understanding the basics of birth injury litigation helps you make informed decisions about protecting your child’s future.

Determining whether you have a valid claim requires establishing four elements of medical negligence: duty of care, breach of that duty, causation, and damages. Your healthcare providers had a duty to deliver appropriate care during pregnancy and delivery. A breach occurs when they deviate from accepted standards of care. Causation means their breach directly caused your child’s injury. Damages refer to the physical, emotional, and financial harm resulting from the injury.

Medical expert testimony is required for Erb’s palsy lawsuits. Qualified experts, typically obstetricians and maternal-fetal medicine specialists, review your medical records and provide opinions about whether your healthcare providers met the standard of care. These experts explain what should have happened and how deviations from proper care led to your child’s injury.

The investigation process begins when you contact a birth injury attorney. The lawyer will gather your medical records, including prenatal care documentation, labor and delivery notes, nursing records, and your baby’s medical records. These documents are then reviewed by medical experts who assess whether negligence occurred.

Common allegations in Erb’s palsy cases include failure to recognize risk factors for shoulder dystocia, failure to recommend cesarean section when appropriate, improper management of shoulder dystocia, excessive force during delivery, and improper use of assistive instruments. Each case is unique, and the specific allegations depend on the circumstances of your child’s birth.

Statute of limitations laws impose deadlines for filing birth injury lawsuits. These deadlines vary by state, typically ranging from two to six years from the date of injury. However, most states have special provisions for cases involving minors, often allowing lawsuits to be filed until the child reaches a certain age, such as 18 or 21. Because these rules are complex and vary by jurisdiction, consulting with an attorney promptly protects your rights.

The litigation timeline for birth injury cases typically spans two to four years from initial filing to resolution. The process includes filing the complaint, discovery (exchange of information and documents), depositions (sworn testimony), expert witness preparation, settlement negotiations, and potentially trial. Many cases settle before trial, but being prepared to go to trial often leads to better settlement offers.

Settlement negotiations occur throughout the litigation process, often intensifying as trial approaches. Your attorney will advocate for compensation that addresses your child’s full range of needs, including past and future medical expenses, therapy costs, assistive devices, educational needs, pain and suffering, and reduced quality of life.

Trial becomes necessary when settlement negotiations don’t produce acceptable offers. During trial, both sides present evidence, including medical records, expert testimony, and witness statements. A jury or judge determines whether negligence occurred and, if so, what compensation is appropriate.

Don’t wait to explore your legal options—statute of limitations deadlines mean that delays can jeopardize your ability to pursue compensation. Contact an experienced birth injury attorney today for a free case evaluation to understand your rights and options.

Compensation Available in Erb’s Palsy Cases

Birth injury lawsuits seek to compensate families for the full range of losses caused by medical negligence. Understanding the types of damages available helps you appreciate what a successful claim might provide for your child’s future.

Medical expenses represent a significant component of Erb’s palsy compensation. This includes costs already incurred for diagnosis, emergency treatment, hospitalization, and initial therapy, as well as future expenses for ongoing physical therapy, occupational therapy, surgical procedures, medications, and medical equipment. Expert testimony from life care planners helps establish the projected lifetime medical costs.

Therapy and rehabilitation costs continue for years and sometimes throughout life. Physical therapy several times per week during early childhood, ongoing occupational therapy, periodic evaluations, and adaptive therapies all accumulate substantial expenses. Compensation should cover these needs comprehensively.

Surgical expenses may include multiple procedures over time. Initial nerve repair or grafting, subsequent tendon transfers, orthopedic corrections for bone deformities, and cosmetic procedures all require consideration when calculating future medical needs.

Assistive devices and adaptive equipment help maximize independence and function. Specialized utensils, adaptive clothing, modified sports equipment, and other tools can improve quality of life. While individually these items may seem minor, their cumulative cost over a lifetime is substantial.

Home modifications might be necessary for children with significant functional limitations. Adaptive fixtures, modified workspaces for homework and hobbies, and accessibility improvements ensure the child can navigate their environment effectively.

Educational costs include private tutoring if needed, special education services, adaptive technology for schoolwork, and potentially modifications to the educational environment. Some families find that private school settings better accommodate their child’s needs.

Lost earning capacity addresses the reality that Erb’s palsy may limit future employment options or reduce earning potential. Economic experts project the financial impact of these limitations over the child’s working lifetime, considering factors like career choices, advancement opportunities, and income levels.

Pain and suffering compensation recognizes the physical discomfort and emotional distress caused by Erb’s palsy. This includes pain from the injury itself, discomfort during medical procedures and therapy, and psychological impact of living with permanent physical differences.

Loss of enjoyment of life acknowledges that children with Erb’s palsy may face limitations in activities that bring joy and fulfillment. Restrictions on sports participation, recreational activities, and daily tasks that others take for granted represent real losses deserving compensation.

Parental claims may be included for lost wages when parents must take time off work for medical appointments, therapy sessions, and caregiving. Some states also allow parents to claim for their own emotional distress from witnessing their child’s injury and ongoing challenges.

Punitive damages are awarded in rare cases involving particularly egregious negligence or reckless conduct. These damages punish wrongdoers and deter similar behavior in the future, though they are not available in all jurisdictions or situations.

Settlement amounts vary widely based on injury severity, degree of recovery, state laws, and strength of evidence. While each case is unique and past results don’t guarantee future outcomes, successful Erb’s palsy cases have resulted in settlements and verdicts ranging from hundreds of thousands to several million dollars for severe injuries with permanent impairment.

Structured settlements are common in cases involving minor children. Rather than receiving a lump sum, compensation is distributed over time through a combination of immediate payment and guaranteed future payments. This approach ensures funds remain available throughout the child’s life and may provide tax advantages.

Understanding the full scope of your child’s needs and how compensation can meet those needs requires experienced legal guidance. A birth injury attorney can work with medical experts, life care planners, and economic specialists to establish the true value of your claim.

Finding the Right Birth Injury Attorney

Choosing legal representation for your child’s Erb’s palsy case is an important decision that affects both the outcome and your experience throughout the litigation process. Several factors distinguish qualified birth injury attorneys from general practitioners.

Experience with birth injury cases specifically is critical. Medical malpractice law is highly specialized, and birth injury cases require understanding of obstetrics, neonatology, and the unique medical issues surrounding labor and delivery. Ask potential attorneys how many birth injury cases they’ve handled and what results they achieved.

Resources to handle complex litigation matter significantly. Birth injury cases require substantial upfront investment in medical expert witnesses, life care planners, economic experts, medical record analysis, and case preparation. Law firms without adequate resources may struggle to build the strongest possible case.

Track record of results provides insight into an attorney’s effectiveness. While past results don’t guarantee future outcomes, a history of successful settlements and verdicts in birth injury cases demonstrates competence and credibility. Many attorneys feature case results on their websites.

Medical expert network access is necessary for developing your case. Experienced birth injury attorneys maintain relationships with qualified medical experts who can review records, identify deviations from standard of care, and provide testimony. The quality and credentials of expert witnesses significantly impact case outcomes.

Communication and compassion affect your experience throughout what can be a stressful process. You want an attorney who takes time to explain legal concepts clearly, keeps you informed about case developments, returns calls promptly, and demonstrates genuine concern for your family’s welfare.

National vs. local practice considerations depend on your state’s laws and circumstances. Some families prefer local attorneys familiar with state laws and local court systems, while others work with national firms that focus exclusively on birth injury cases and may have deeper expertise despite being located elsewhere.

Fee structure in birth injury cases typically involves contingency arrangements, meaning the attorney receives a percentage of the recovery only if the case succeeds. Standard contingency fees range from 33% to 40% of the settlement or verdict. You should pay no upfront fees, and the attorney should advance all case costs.

Questions to ask during initial consultations help you evaluate attorneys:

• How many Erb’s palsy or brachial plexus injury cases have you handled?
• What were the outcomes of those cases?
• Which medical experts would review my case?
• What is your assessment of my case’s strengths and challenges?
• What is the likely timeline for resolution?
• How will you communicate with me throughout the process?
• What are your fees and who pays case costs?
• Have you taken birth injury cases to trial, or do you only settle?

References and reviews from former clients provide additional perspective. While confidentiality prevents attorneys from sharing details about specific cases, many clients post reviews online or provide general feedback about their experience working with the firm.

Bar association standing confirms the attorney is licensed and in good standing. You can verify this through your state bar association’s website, which also indicates any disciplinary actions or complaints.

Comfort and trust ultimately guide your decision. You’ll work closely with your attorney for months or years, so choosing someone you trust and feel comfortable with is important. Initial consultations give you a chance to assess whether the attorney is someone you want representing your family.

Your family deserves answers and support. If you believe medical negligence caused your child’s Erb’s palsy, contact a qualified birth injury attorney today for a free, confidential case evaluation. There’s no obligation, and you’ll gain clarity about your legal options and your child’s rights.

Frequently Asked Questions About Erb’s Palsy