Erb’s Palsy Lawsuit | 2025 Latest Updates

Latest Erb’s Palsy Lawsuit Updates

• March 13, 2025 – Sokolove Law outlines the steps involved in filing an Erb’s Palsy lawsuit, emphasizing the need for experienced legal representation to navigate the complexities of medical malpractice claims [1].
• March 10, 2025 – Understanding the legal avenues and potential settlements for Erb’s Palsy is crucial for affected families. Cerebral Palsy Guide offers detailed information on navigating these legal processes.
• January 11, 2025 – Preliminary statistics suggest that approximately 25-30 out of every 1,000 births involve some form of birth injury, with Erb’s palsy remaining a common neurological birth injury (1-2 per 1,000 births), as per trends in NCBI data.
• December 30, 2024 – For families considering legal action due to Erb’s Palsy, Child Birth Injuries provides a comprehensive guide on the lawsuit process and what to expect.
• June 2, 2024 – Families questioning their legal options regarding Erb’s Palsy can find valuable information on their rights and the lawsuit process at Child Birth Injuries.
• December 14, 2023 – Families pursuing legal action for Erb’s Palsy due to medical negligence can refer to resources like Cerebral Palsy Guidance for insights into potential settlement outcomes and factors influencing compensation [2].

Medical Research and Statistics

Current statistics regarding Erb’s palsy indicate:

• Prevalence ranges from 0.9 to 2.6 per 1,000 live births
• Most cases result from complications during childbirth, such as difficult deliveries
• The condition affects 9 to 26 in 10,000 births, based on prevalence data
• Shoulder dystocia accounts for the majority of brachial plexus injury cases
• 80% of cases can achieve recovery without surgical intervention with proper physical therapy

Erb’s Palsy Injuries & Side Effects

Erb’s palsy can result in various symptoms that range from temporary weakness to permanent nerve damage, limiting the use of the affected arm.

• Muscle Weakness: Limp or paralyzed arm with limited movement
• Sensory Loss: Lack of feeling or sensation in the arm or hand
• Motor Control Issues: Lack of muscle control in the affected arm, hand, or wrist
• Nerve Damage: Permanent damage to the brachial plexus nerves
• Related Complications: In severe cases, Horner’s Syndrome causing eyelid droop and other symptoms

Do You Qualify for an Erb’s Palsy Lawsuit?

You may qualify for an Erb’s palsy lawsuit if:

• Your child suffered a brachial plexus injury during birth
• The injury was caused by medical negligence before, during, or immediately after delivery
• Your child experienced symptoms such as paralysis, weakness, or lack of sensation in the arm
• The injuries required medical treatment or hospitalization
• You can provide medical documentation linking the injuries to the birth process

Evidence Required for an Erb’s Palsy Lawsuit

To build a strong Erb’s palsy case, you’ll need to collect:

• Medical records detailing the birth injury
• Birth and hospital reports
• Treatment plans and related expenses
• Expert medical evaluations and testimonies
• Photos or videos showing your child’s progress
• Documentation of all therapy sessions and medical appointments

Damages You Can Recover

Compensation in Erb’s palsy lawsuits may include:

• Past and future medical expenses including surgeries, physical therapy, and occupational therapy
• Costs for specialized equipment and home modifications
• Lost wages for parents who need to provide care
• Pain and suffering
• Diminished quality of life
• Long-term care costs if permanent disability occurs

Statute of Limitations for Erb’s Palsy Lawsuits

The statute of limitations for filing an Erb’s palsy lawsuit varies by state, typically ranging from 1 to 3 years after the injury or diagnosis. Missing the filing deadline can forfeit your right to compensation, so it’s critical to consult with an attorney as soon as possible to protect your claim.

Related Articles:

• Newborn Craniosynostosis Linked to the Use of Prescription Medications
• Truncus Arteriosus (TA) Case

See all related medical malpractice lawsuits our attorneys covered so far.

FAQs

1. What is Erb’s Palsy?

Erb’s palsy is a birth injury affecting the brachial plexus nerves that control movement and feeling in the shoulder, arm, and hand. It typically occurs when excessive force is applied during delivery, often in cases of shoulder dystocia (when the baby’s shoulder gets stuck behind the mother’s pelvic bone).

2. What causes Erb’s Palsy?

The four main causes are: delivery complications (particularly shoulder dystocia), improper use of medical tools like forceps or vacuum extractors, certain labor-inducing medications, and in rare cases, it can occur even during seemingly normal deliveries.

3. How is Erb’s Palsy diagnosed?

Diagnosis typically involves physical examination, neurological tests, imaging studies like MRIs, and nerve conduction studies to assess the extent of nerve damage.

4. What treatments are available for Erb’s Palsy?

Treatment options include physical therapy ($50-$150 per session), occupational therapy ($50-$150 per session), and surgical interventions like nerve grafts ($10,000-$30,000) or muscle transfers (over $20,000) for severe cases.

5. How successful is Erb’s Palsy treatment?

About 80-90% of mild cases show significant improvement with consistent physical therapy. Success rates for surgical interventions vary, with nerve transfers achieving 70-80% success rates and muscle transfers having somewhat lower success rates.

6. How long does it take to recover from Erb’s Palsy?

Recovery timelines vary based on severity. Mild cases may show improvement within 3-6 months, while more severe cases requiring surgery may take 6 months to 2 years for noticeable recovery.

7. How do I know if medical negligence caused my child’s Erb’s Palsy?

Signs of potential medical negligence include failure to anticipate delivery complications, improper handling of shoulder dystocia, excessive force during delivery, or improper use of delivery tools like forceps or vacuum extractors.

8. How much compensation can I receive from an Erb’s Palsy lawsuit?

Compensation varies based on injury severity, long-term care needs, impact on quality of life, and lost future earning capacity. Settlements for severe cases with permanent disability can range into millions of dollars.

9. Will my health insurance cover Erb’s Palsy treatments during litigation?

Most health insurance plans cover standard treatments for Erb’s Palsy while a lawsuit is pending, but coverage specifics vary by provider. Verify with your insurer to ensure continuity of care.

10. How do I choose the right attorney for an Erb’s Palsy case?

Look for attorneys with specific experience in birth injury cases, particularly Erb’s palsy. They should have medical experts on staff, work on a contingency fee basis, and have a proven record of successful settlements or verdicts.

Take Action Now: Time-Sensitive Legal Claims

Time is limited to pursue legal action for an Erb’s palsy injury. Most states allow only 1-3 years from the date of injury or diagnosis to file a lawsuit, making it crucial to act promptly.

At Schmidt&Clark, LLP, we offer:

• Free, confidential consultations to evaluate your case
• No upfront costs or fees for our legal services
• Payment only if we win your case
• Access to medical professionals who can help determine if medical negligence contributed to your child’s injury

Don’t delay in securing the compensation your child deserves for medical expenses, ongoing therapy, and quality of life improvements.

References:

[1] https://www.sokolovelaw.com/birth-injuries/erbs-palsy/lawsuit/ 

[2] https://www.cerebralpalsyguidance.com/birth-injury/erbs-palsy/lawyer/settlement/