Families are filing Erb’s palsy lawsuits after a newborn’s arm nerves were hurt during a hard delivery. These claims say a doctor or delivery team mishandled labor, often a shoulder dystocia emergency, and caused lasting nerve damage.
Each case is a medical malpractice lawsuit. It is filed alone against the doctor, delivery team, or hospital involved in the birth. No large group lawsuit has formed, so families file case by case in state court.
This page explains what Erb’s palsy is and who may have a claim. It also covers what evidence to keep, the deadlines that apply, and what a claim may pay for.
- Case or litigation name: No single case or MDL – individual claims only
- Defendants: Varies by case – the delivering physician, obstetric team and/or hospital
- Court and docket number, when available: Not yet assigned – no consolidated docket
- MDL number, judge, and case count, when an MDL exists: No MDL – JPML pending-MDL list carries none
- Filing date: No filing yet – claims are filed individually
- Main allegations: Excessive traction or mishandling of shoulder dystocia during delivery, injuring the newborn’s brachial plexus nerves
- Products or people involved: The newborn’s brachial plexus injury – the delivering physician/hospital – no product is at issue
Table Of Contents
Latest Erb’s Palsy Lawsuit Updates
July 28, 2023: Study Examines Recovery Outcomes
A study came out in the Annals of Indian Academy of Neurology. It tracked babies with Erb’s palsy and checked how many got back arm movement over time. About half got back full use of the arm on their own.
20% to 30% were left with some lasting problems. 10% to 15% had large, lasting changes in the arm. The study also looked at a muscle pattern called co-activation, which can slow recovery [1].
What Is Erb’s Palsy?
Erb’s palsy is nerve damage in the brachial plexus, the nerve group running the shoulder, arm and hand. StatPearls says it is a common newborn injury, often from a hard pull on the neck during birth [2].
The nerves most often hurt are the fifth and sixth neck roots, known as C5-C6. These form part of a larger nerve network that runs from the neck through the shoulder to the hand.
Who May Be Affected?
Erb’s palsy claims most often involve a delivery complicated by shoulder dystocia, a larger-than-average baby (also called macrosomia), a breech position, or the use of forceps or vacuum extraction.
These are the risk factors clinical literature most often ties to the injury. Other named risk factors include a mother with diabetes, a mother who is obese, and a very short second stage of labor.
An individual legal review is the only way to confirm whether a specific delivery involved negligence. That review looks closely at the delivery and hospital records from that specific birth alongside the risk factors listed above.
Reported Injuries or Damages
The alleged injury is damage to the brachial plexus nerves that carry signals from the neck to the shoulder, arm and hand.
This can leave a newborn’s arm weak or limp, with less feeling and the classic “waiter’s tip” posture. Bad cases can also bring on Horner syndrome, a drooping eyelid.
Outcomes vary widely by how bad the injury is. The same StatPearls review reports that about 90% of babies get better with time. But 10% keep a weak or limp arm, and cases left untreated can bring lasting harm.
The same 2023 study also found that co-activation – muscles that tighten instead of relaxing during a movement – can slow that recovery further.
Evidence to Preserve
Families building an Erb’s palsy claim should gather and keep these records. Each one helps show what happened during delivery and how the injury has changed life for the child:
- Birth and hospital records, including the prenatal chart, the delivery and nursing notes, and any incident report the hospital filed
- The child’s pediatric records and every physical or occupational therapy note written since the diagnosis was made, plus any notes on progress
- Photos or videos that show how the arm has moved and worked at different points in time since birth, especially before and after therapy or surgery
- Copies of any letters or emails with the hospital, the delivering doctor, or an insurer about the birth or the injury, plus billing records
Keeping these records in order from the start makes it easier for a lawyer to judge whether the delivery met the standard of care.
Filing Deadlines
Filing deadlines for an Erb’s palsy claim come from state law and depend on where the birth took place, with many states running the clock differently for a minor’s claim than for an adult’s.
Some states begin counting from the date of diagnosis rather than birth, and missing the deadline can end a family’s claim no matter how strong the medical facts are.
No multidistrict case covers these claims. The Judicial Panel on Multidistrict Litigation‘s public docket lists none, so a birth-injury lawyer should confirm the deadline before time limits narrow the family’s options [3].
Potential Compensation
Erb’s palsy can require years of physical or occupational therapy. Some children also need nerve or muscle surgery. Because of this, a supported claim may seek several types of damages.
These can include past and future medical costs, therapy and equipment costs, and a parent’s lost pay for caregiving. A claim never names a fixed dollar amount or a guarantee.
Compensation amounts vary by case. Past results do not guarantee future outcomes. Only a full legal review can show what potential compensation might fit one child’s case.
Frequently Asked Questions
Does Shoulder Dystocia Always Cause Erb’s Palsy?
No, shoulder dystocia does not always cause Erb’s palsy. The injury is not limited to hard deliveries either. StatPearls notes that brachial plexus injuries can happen without shoulder dystocia, in average-size babies, and even after a cesarean birth.
How Is Erb’s Palsy Diagnosed?
Erb’s palsy is found through a physical exam. Doctors check the newborn’s arm movement, strength and reflexes. They may also use imaging, such as an MRI or X-ray, to rule out a broken bone. EMG or nerve tests can then show how badly the nerves were hurt.
What Treatments Are Available for Erb’s Palsy?
Treatment for Erb’s palsy starts with physical and occupational therapy to keep joints moving and rebuild strength. If the arm does not improve, doctors may suggest nerve graft or decompression surgery. StatPearls notes that nerve graft has the best chance of success.
What Does the Research Say About Erb’s Palsy Recovery?
Research on Erb’s palsy recovery says most infants recover with time, as noted, while a smaller share do not regain full function. The same 2023 study found that an Axillary AVI reading of 0.1 to 0.5 at one month predicted future co-activation, which slows recovery.
How Long Does It Take to Recover from Erb’s Palsy?
How long it takes to recover from Erb’s palsy depends on how bad the injury is. Improvement usually shows up within the first year if it starts within four weeks of birth. Without new nerve growth, the injury becomes permanent once a child reaches 18 to 24 months, StatPearls reports.
How Is Erb’s Palsy Different from Klumpke Palsy?
Erb’s palsy differs from Klumpke palsy in which nerves are hurt. Erb’s palsy affects the upper nerves, called C5-C6, and weakens the shoulder and upper arm. Klumpke palsy instead affects the lower nerves, C7, C8 and T1, and causes a “claw hand,” with weak wrists and fingers.
References
- https://pmc.ncbi.nlm.nih.gov/articles/PMC10789417/
- https://www.ncbi.nlm.nih.gov/books/NBK513260/
- https://www.jpml.uscourts.gov/pending-mdls-0