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Table Of Contents
- What is Erb’s Palsy?
- Signs and Symptoms of Erb’s Palsy
- Erb’s Palsy Medical Malpractice Claim
- Types of Brachial Plexus Injury
- Comprehensive Guide to Erb’s Palsy Treatment and Legal Preparation
- How To File an Erb’s Palsy Financial Compensation Claim
- Who is Eligible to File an Erb’s Palsy Lawsuit?
- Key Factors That Impact the Value of Erb’s Palsy Lawsuits
- Must-Know Facts for Erb’s Palsy Lawsuits
- FAQs:
- Get a Free Erb’s Palsy Lawsuit Evaluation With Our Lawyers
What is Erb’s Palsy?
According to the NCBI, statistics show that approximately 27 out of every 1,000 births involve some sort of medical error, with Erb’s palsy being one of the most common. Although most women give birth in a hospital surrounded by medical professionals, a child’s injury can happen at almost any point during labor and delivery [1].
These risk factors are often the result of medical negligence or error. A baby with Erb’s palsy may recover fully and quickly or may suffer lifelong physical and/or mental limitations.
“The management of Erb’s palsy depends upon its severity, with some cases requiring surgical intervention while others can be managed by physiotherapy alone. Recommended treatment includes early immobilization followed by passive and active range of motion exercises.” National Institute of Medicine.
It is a common birth injury with estimated prevalence ranges of 0.9 to 2.6 per 1000 live births. It causes significant arm weakness that affects 0.4 to 5 in 10,000 births.
Physicians, hospitals, and their support staff have both a moral and legal obligation to adhere to the standard of medical records and skill in their community in the safe delivery of babies.
When the Erb’s Palsy Statute is not maintained and a birth injury results, an Erb’s Palsy Attorney can help you secure justice for your child by obtaining financial compensation to provide for the child’s present and future needs. Please contact Schmidt & Clark, LLP to discuss your Erb’s Palsy settlement options today.
Signs and Symptoms of Erb’s Palsy
The injury symptoms differ depending on the extent of the nerve damage suffered. Some babies can recover completely within a few months. However, many babies are left with permanent nerve damage, which limits their use of the arm.
Cerebral palsy symptoms may include:
- Limp or paralyzed arm
- Lack of muscle control in the affected arm, hand, or wrist
- Lack of feeling or sensation in the arm or hand
- Nerve damage
As claimed by the American Academy of Orthopaedic Surgeons, although minor preventable birth injuries will typically clear up on their own, more severe cases may require long-term treatment. In especially serious cases, patients may never fully recover feeling or movement in the affected arm [2].
Erb’s Palsy Medical Malpractice Claim
Cerebral palsy can be sustained during delivery as the result of a birth emergency. The baby’s shoulder may become stuck on the mother’s pubic bone (shoulder dystocia), causing the nerves that control movement and feeling in the shoulder, arm, and hand to be injured when the doctor pulls the baby out of the mother’s pelvis.
As a result, the baby may suffer severe limitations in their arm movement.
Cerebral palsy is the result of a nerve injury. All the arm’s nerves are connected to a group of nerves near the neck called the brachial plexus. The brachial plexus nerves are responsible for feeling and motion in the hand, fingers, and arm.
According to medical malpractice state laws, common causes of cerebral palsy in infants include:
- Breech delivery, in which the baby is facing the wrong direction (feet first, rather than the baby’s head first) during the delivery process
- Delivery problems, which can lodge the baby’s head in the birth canal
- Shoulder dystocia
- Excessive pulling on the baby’s shoulders during cesarean section delivery
- Fetal birth injury (an injury that occurs before birth when the baby is still in the womb)
Medical Negligence Erb’s Palsy Injuries
An injury to the brachial plexus causes the condition known as Erb’s palsy—the nerves surrounding the shoulder. Erb’s palsy is not cerebral palsy because it is not caused by brain injury or brain abnormalities. An Erb’s palsy birth injury is typically characterized by weakness or paralysis of the arm.
According to the Cerebral Palsy Guide, some of the most common birth injury cases result from Erb’s (or brachial) palsy. Unfortunately, a child’s injury is often the result of complications during child delivery itself, though it can sometimes occur before or sometime after delivery [3].
4 Common Causes of Erb’s Palsy
This condition affects approximately 1 to 2 babies per 1,000 births, with 90% of cases resulting from childbirth injuries. The following are the leading causes of Erb’s Palsy:
1. Delivery Complications
The majority of Erb’s Palsy cases stem from complications during delivery, particularly shoulder dystocia. This occurs when the baby’s shoulders become lodged against the mother’s pelvic bones and require excessive force to deliver.
2. Use of Medical Tools
The use of forceps, vacuum extractors, or similar tools during delivery increases the risk of brachial plexus injuries, especially when excessive force is applied.
3. Labor-Inducing Drugs
Some studies suggest a correlation between certain labor-inducing medications and an increased risk of Erb’s Palsy.
4. Unpredictable Cases
In rare instances, Erb’s Palsy can occur even when the delivery process appears smooth and complications-free.
While surgical interventions can improve mobility, many children with Erb’s Palsy experience lasting weakness in the shoulder, arm, or hand. In some cases, additional surgeries may enhance functionality over time.
Legal and Financial Support
Compensation for Treatment: Our Erb’s Palsy attorneys ensure settlements account for future medical treatments, therapies, and pain and suffering.
Explore Your Legal Options: If your child has been affected by Erb’s Palsy, you may qualify to file a lawsuit. Fill out the contact form below to discuss your case and potential compensation.
Types of Brachial Plexus Injury
A child can suffer several types of birth injuries during delivery. The determination and diagnosis of the type of a child’s brachial plexus injury that a child has sustained is often difficult. The symptoms of Erb’s palsy may be similar, even though the degree to which the nerve has been injured is very different.
Each type of Erb’s palsy refers to a different degree of damage to the brachial plexus nerve and could require different treatment for the child to minimize the injury’s impact throughout their life. The following are 3 of the most common types:
Erb’s Palsy (most common variety)
Also known as Brachial Plexus Paralysis, it is a condition that can affect 1 or all of the 5 primary nerves that supply movement and feeling to the arm. Each baby’s injury is individual. The paralysis can be partial or complete; the damage to each nerve can range from bruising to tearing.
Some babies with Erb’s palsy recover on their own; however, some may require specialist intervention and professional medical advice from a birth injury attorney.
Complete Brachial Plexus Nerve Injury
Occurs when injury affects all 5 nerves in the brachial plexus. It results in paralysis and demonstrable sensory loss in the entire arm, from the shoulder down. In addition, Horner’s Syndrome, which causes eyelid droop, undilated pupil, and dormancy of sweat glands in the cheek of the affected side of the body, often accompanies the injury.
Klumpke’s Palsy
Involves C7 and T-1 (cervical vertebra #7 and thoracic vertebra #1). There is a weakness in the wrist and finger flexors of the small muscles of the hand.
Early immobilization is followed by passive movements to prevent contractures (fibrosis of connective tissue and skin, fascia, muscle, or joint capsule that prevents normal mobility of the related tissue or joint). A regimen of physical therapy and/or occupational therapy may be prescribed. Surgery is an option in severe cases, especially if a nerve has been severed.
Comprehensive Guide to Erb’s Palsy Treatment and Legal Preparation
Early and effective treatment for Erb’s Palsy is vital to addressing muscle weakness and improving function in the affected limb. With timely care, many children experience significant progress.
The following is an overview of treatment options, associated costs, success rates, recovery timelines, insurance coverage, and documentation strategies to support potential legal claims.
Physical Therapy
- Costs: $50 to $150 per session, depending on location and provider.
- Effectiveness: Consistent therapy has an 80-90% success rate for mild cases.
- Recovery Time: Noticeable improvements often occur within 3 to 6 months, though therapy may continue for up to 2 years.
- Insurance: Typically covered by most plans; confirm specifics with your provider.
Occupational Therapy
- Costs: $50 to $150 per session, similar to physical therapy.
- Effectiveness: Helps restore arm functionality, with success rates comparable to physical therapy.
- Recovery Time: Progress can begin within a few months, with full recovery taking up to 2 years.
- Insurance: Generally included in most insurance plans; verify with your provider.
Surgical Options
Common procedures include:
- Nerve Grafts/Transfers: $10,000 to $30,000, depending on complexity.
- Muscle Transfers: Over $20,000, including hospital and rehabilitation costs.
- Neurolysis and Decompression: $15,000 to $25,000.
- Effectiveness: Nerve transfers often achieve 70-80% success, while muscle transfers have lower rates.
- Recovery Time: 6 months to 1 year post-surgery, with additional therapy required.
- Insurance: Many procedures are covered; check your policy for specifics.
A pediatric neurosurgeon may recommend surgery to improve the arm functions of a child with Erb’s palsy. Often, this surgery is more effective when done early in the child’s life. Some studies have shown that it may not be successful after the child is one year old.
Severe cases of Erb’s Palsy are often treated with exercise and physical therapy, and 80% of the time, babies born with the condition can achieve recovery without surgical intervention. If surgical intervention is required, it should be performed early on, if at all.
The best results occur when the child is 5 to 12 months of age. Beyond this age group, surgery may not be as effective. Whether an Erb’s palsy injury requires surgery will depend on the cause and severity of a patient’s condition.
When necessary (for more severe cases), Erb’s palsy surgery can include:
- Nerve grafts – in which damaged nerves are spliced with a healthy nerve taken from another part of the body
- Tendon transfers – in which healthy tendons from another part of the body are relocated to the affected neck area and spinal cord to compensate for damaged nerves.
Because nerve tissue grows slowly (about 1 inch/month), it can take years for patients to regain arm, shoulder, or hand movement and sensation following surgery.
Alternative Therapies (e.g., NMES and Botox)
- Costs: NMES sessions are approximately $100 each; Botox injections range from $300 to $1,200 per dose.
- Effectiveness: NMES offers potential benefits but lacks extensive studies; Botox may sometimes improve muscle tone but isn’t consistently effective.
- Recovery Time: Botox effects are seen within days; NMES may require weeks or months of sessions.
- Insurance: Coverage varies; confirm with your insurer.
Documenting Treatment Progress for Legal Claims
Accurate documentation is essential when pursuing legal action for Erb’s Palsy. Key records to maintain include:
- Medical Records: Secure copies of all diagnoses, evaluations, and treatment plans.
- Therapy Logs: Track every session, noting dates, duration, and activities performed.
- Progress Reports: Request detailed updates from healthcare providers outlining improvements or challenges.
- Visual Evidence: Use photos or videos to capture your child’s recovery milestones over time.
- Financial Records: Save receipts and invoices for all treatments to demonstrate the financial burden.
By organizing these records early, parents can build a strong case for compensation in cases of medical negligence or malpractice.
How To File an Erb’s Palsy Financial Compensation Claim
Choosing a birth injury law firm that’s experienced with this unique type of case can make the process of filing an Erb’s palsy lawsuit easier for you and your family during this difficult time.
When you work with Schmidt & Clark, LLP, our Erb’s palsy lawyers can:
- Determine if you qualify for a medical malpractice settlement
- Gather your medical records and any evidence necessary to build your case
- Consult with medical experts and witnesses as needed
- Negotiate Erb’s palsy lawsuit settlements without going to court
- Present your Erb’s palsy case before a jury if a settlement isn’t reached
Who is Eligible to File an Erb’s Palsy Lawsuit?
You may be eligible to file Erb’s palsy lawsuits if your child’s injury was the result of an injury before, during, or immediately after delivery.
Even if you’re not sure whether medical negligence is to blame or your child hasn’t received an official diagnosis yet, a birth injury lawyer may still be able to help determine whether your doctor failed to provide adequate care.
We have medical professionals on staff who can listen to your story and help you understand what may have happened with your child’s birth injury. They can answer any questions you may have and help you determine if a medical error may have contributed to your baby’s injury.
Key Factors That Impact the Value of Erb’s Palsy Lawsuits
Understanding the factors that influence the value of an Erb’s Palsy lawsuit is essential for parents seeking compensation. The following elements play a significant role in determining the potential settlement amount.
Severity of the Injury
The severity of your child’s condition is one of the most critical factors affecting compensation. More severe injuries that result in permanent disability or require extensive medical intervention generally lead to higher settlements.
- Mild Cases: These cases may be resolved with minimal treatment, resulting in lower compensation.
- Moderate to Severe Cases: Involving nerve damage or paralysis may require surgeries, long-term physical therapy, and assistive devices, significantly increasing case value.
Long-Term Care Cost Calculations
Calculating future medical expenses is vital in establishing case value. Parents should consider:
- Estimated Costs: These can include ongoing therapies (physical, occupational, and speech), surgeries, medications, and any required assistive devices.
- Lifetime Projections: For severe cases, lifetime care costs can exceed $1 million, depending on the extent of care needed. Legal teams often work with medical experts to estimate these costs accurately.
Lost Future Earnings Considerations
If the child’s injury affects their ability to work in the future, this loss must be factored into the settlement:
- Earning Capacity: Children with severe Erb’s Palsy may face limitations that hinder their career opportunities. This potential loss of income can significantly increase settlement amounts.
- Calculation Method: Estimations typically consider average earnings for similar positions over a lifetime, adjusted for inflation and career growth potential.
Quality of Life Impact Valuation
The impact of Erb’s Palsy on a child’s quality of life is also a crucial consideration:
- Pain and Suffering: Compensation may include amounts for physical pain and emotional distress caused by the injury.
- Lifestyle Changes: Adjustments needed for daily living, including home modifications or specialized education, can also be included in the valuation process.
- Long-Term Psychological Effects: The emotional toll on the child and family can lead to additional compensation for diminished quality of life.
By understanding these factors, you can better navigate the complexities of an Erb’s Palsy lawsuit and work with their legal team to ensure all aspects are thoroughly represented in their claims.
Must-Know Facts for Erb’s Palsy Lawsuits
If your child has been affected by Erb’s Palsy, understanding the legal process and key steps is critical to securing justice and the necessary resources:
- Understand the Statute of Limitations: Filing deadlines vary by state, typically 1 to 3 years after the injury or diagnosis. Missing the deadline can forfeit your right to compensation—consult an attorney immediately to protect your claim.
- How Long Do Cases Take: Lawsuits span several months to over a year. Settlements often resolve quicker than trials, which may face delays due to court schedules or appeals.
- No Upfront Legal Fees: Most lawyers handle Erb’s Palsy cases on a contingency basis, meaning you pay nothing unless you win.
- Navigating Insurance Coverage: Health insurance usually covers treatments during litigation, but verify specifics with your insurer. Understanding your policy ensures uninterrupted care for your child.
Key Documents to Collect
- Medical records detailing the injury
- Birth and hospital reports
- Treatment plans and related expenses
- Expert medical evaluations and testimonies
- Photos or videos showing your child’s progress
Complete documentation strengthens your case and supports your attorney’s efforts
Choosing the Right Physician
- Look for specialists experienced in Erb’s Palsy treatment.
- Seek recommendations from trusted parents or doctors.
- Ensure their approach matches your preferences and family values.
- A physician who listens and offers a comprehensive plan can make all the difference.
Acting quickly ensures your child gets the necessary care and preserves your legal rights. Consult with experts and start gathering essential documents without delay.
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FAQs:
What Is Erb’s Palsy Lawsuits?
Erb’s palsy lawsuits are the legal claims that argue a brachial plexus injury, which causes Erb’s palsy, could have been avoided with proper medical care. If the evidence supports the claim, these lawsuits may lead to financial compensation through an out-of-court settlement.
What Causes Erb’s Palsy?
Erb’s Palsy is typically caused by excessive pulling or shoulder dystocia during labor and delivery. This can occur if the baby is too large or if complications during the birth process strain the nerves in the shoulder area.
What Is the Average Settlement for a Brachial Plexus Injury?
The average settlement for a brachial plexus injury is typically between hundreds of thousands of dollars and over $2 million, though each case is unique.
Can Erb’s Palsy Be Treated or Cured?
Erb’s Palsy can be treated or cured through various methods depending on its severity. Treatment options may include physical therapy, occupational therapy, and, in severe cases, surgical intervention. While some children may fully recover, others could face long-term impairments.
Get a Free Erb’s Palsy Lawsuit Evaluation With Our Lawyers
The Personal Injury Lawyers at Schmidt & Clark, LLP law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs who file an Erb’s Palsy Lawsuit. We are handling individual litigation nationwide and currently accepting new Erb’s palsy lawsuits and medical malpractice cases in all 50 states.
If your child or other loved one was diagnosed with Erb’s Palsy, you should contact a personal injury lawyer immediately for legal help. You may be entitled to an Erb’s Palsy settlement for medical expenses by filing an Erb’s Palsy case and we can help.
References:
- https://misuse.ncbi.nlm.nih.gov/error/abuse.shtml
- https://orthoinfo.aaos.org/en/diseases–conditions/erbs-palsy-brachial-plexus-birth-palsy/
- https://www.cerebralpalsyguide.com/birth-injury/erbs-palsy/symptoms/
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