Even with all the medical advancements available in this country, birth injuries like Erb’s palsy are surprisingly common. While these injuries can happen in adulthood (due to a car accident, for example), the vast majority of cases occur during childbirth, when the baby gets stuck in the birth canal. Sadly, a panicked, inexperienced, or careless doctor can end up using too much force to extract the baby, thereby causing damage to the nerves in the brachial plexus.
While treatments are available to help children with this condition, half of all Erb’s palsy patients end up with lifelong complications, including muscle weakness, loss of sensation, chronic pain, and permanent paralysis in the affected arm.
If your child developed Erb’s palsy from the birthing process and you believe it could have been prevented, you must speak to a California birth injury lawyer right away. Negligence by the physician and hospital staff may be the cause of your child’s condition, which entitles you to compensation from the responsible parties. For a free case review to learn about your rights and legal options, contact Normandie Law Firm.
What is Erb’s Palsy?
Erb’s palsy, also known as a brachial plexus injury, typically occurs when the baby is stuck in the birth canal, which is common in larger than average babies, or those with broad shoulders. In this situation, the baby is unable to pass through the birth canal due to a shoulder being stuck on the mother’s pubic bone. As the head pushes down and away from the shoulder, the nerves in the brachial plexus are stretched, and sometimes torn. This is a very serious condition, as the brachial plexus controls the nerve signals from your spine to the arms, hands, and shoulders. Thus, if your nerves in this area are damaged, you may end up with permanent paralysis.
There are four categories of Erb’s palsy injuries, which vary in severity and long-term complications:
Neuropraxia – The most common type of brachial plexus, this condition happens when the nerve is stretched without tearing. This means the damage is temporary and will usually heal on its own.
Neuroma – This type of stretch injury causes some level of damage to the nerve fibers. Scar tissue can form as the neuroma heals, which causes pain as it presses down on the remaining nerves. Due to these factors, the child will not experience full recovery of the nerves.
Rupture – The nerve is ruptured, or torn, from being overstretched. At this point, surgery is required to repair the nerve in the form of nerve grafts, nerve decompression, nerve transfers, or neurolysis.
Avulsions – The nerve is totally severed from the spinal cord, which makes avulsions the most serious of all nerve injuries. An avulsion can sometimes be repaired by splicing nerves from another part of the body, but the damaged nerve will never regain function. This means that the child’s arm may be permanently paralyzed due to the severity of their injury.
Depending on the type of injury, treatment and surgical options can be very expensive for patients with Erb’s palsy. Aside from medical expenses and rehabilitative services, family members may need to assist the injured child for the rest of their lives. It’s not unusual for one parent to quit their job, or be forced to pay for outside help. If your baby’s brachial plexus was caused by medical malpractice, compensation may be available to help with the costs of caring for your child.
Medical Malpractice is the Leading Cause of Brachial Plexus
The main cause of Erb’s palsy is excessive force, which many doctors and midwives apply when the baby’s shoulder is obstructed by the pelvic bone. The potential for an injury is especially high if forceps or a vacuum extractor is used. Erb’s palsy resulting from such devices is a strong indicator of medical malpractice, especially when there is severe nerve damage (avulsions, for example). In most cases, the OB/GYN panics at the first sign of a difficult birth and ends up misusing the vacuum or forceps.
Shoulder injuries to an infant can also happen if the baby is lifted by the arms, meaning there is no proper support for the head and spine. This is known as a post-delivery injury, which can also be grounds for a brachial plexus lawsuit. No matter how your baby was harmed, please talk to one of our birth injury lawsuit attorneys without delay. Not recognizing risk factors, waiting too long to administer treatment, delegating responsibilities to inexperienced / junior staff, and many other factors may be responsible for your baby’s injuries from Erb’s palsy.
How much do Erb’s Palsy Cases Settle for?
The average value of an Erb’s palsy medical malpractice lawsuit ranges between $750,000 and $2.5 million. You may be surprised by the wide variation in these numbers, but each case of brachial plexus is different in the range of health complications and their long-term effect on the child’s life.
Medical records are the biggest factor in determining a settlement amount for these cases, as well as expert testimony on your child’s prognosis as they mature into adulthood. For example, some children may have partial use of their arm and/or shoulder after surgery and physical therapy. Others, on the other hand, will have permanent paralysis, along with other severe health issues like brain damage.
At the end of the day, valuating a case for Erb’s palsy due to medical negligence must be done on an individual basis. Our lawyers are waiting to speak with you if you’re interested in finding out what your birth injury claim is worth.
Our Recent Verdicts and Settlements
$295,000
$250,000
$1.5 Million
$1.1 Million
$734,851
$460,000
Erb’s Palsy Settlements and Verdicts
To help you better understand what can be recovered from these lawsuits, here are some examples of birth injury settlements involving brachial plexus:
- Parents in California agreed to a settlement of $9.9 million on behalf of their daughter, who was born with brachial plexus and brain damage. The plaintiffs claimed that the hospital waited too long to order a C-section. Due to their mismanagement, vacuum extraction was used to deliver the baby. Mistakes were made during this procedure, which caused permanent injuries to their daughter.
- A baby in Indiana suffered an Erb’s palsy injury, a subdural hematoma, and permanent brain damage during delivery. Due to his brachial plexus injury, he developed paralysis in the left arm. In her lawsuit, the mother accused the obstetrician of several forms of negligence, including improper treatment of shoulder dystocia – a shoulder injury that occurs when they baby’s shoulders are stuck inside the pelvis during delivery. Through a jury verdict, the mother was awarded $2 million.
- A Michigan mother was awarded $12.9 million in 2013 due to medical malpractice that severed the nerves in her daughter’s right arm. The mother alleged that her baby’s Erb’s palsy was caused by pulling too hard on the infant’s head during a natural delivery. The jury agreed that the doctor should have opted for a Caesarian birth or another method that would put less strain on the infant.
- In Virginia, excessive force was used on a baby, whose shoulders were stuck in his mother’s pelvis during the delivery. Sadly, he sustained loss of function in his right arm due to an Erb’s palsy injury. Though the obstetrician argued that the mother’s contractions caused the injury, the jury sided with the plaintiff and awarded $2.3 million for her son’s injuries.
- $18 million was awarded in New York to the family of a girl who was born with Erb’s palsy due to the hospital’s failure to order a C-section in a timely manner. According to the lawsuit, waiting on the C-section increased the baby’s chances for a brachial plexus injury and caused respiratory distress, which left the child with permanent brain damage. Due to the child’s many health complications, including inability to speak, cognitive impairment, and limited use of her right arm, she will require permanent assistance for the rest of her life.
How long does it take to Settle an Erb’s Palsy Injury Case?
Without a doubt, it can be frustrating to wait for a settlement that you deserve from the party that has harmed your child. Chances are, you’re already aware that the lawsuit process can be tedious, especially for lifelong, serious injuries like Erb’s palsy. No matter the circumstance, we will take every available action to settle your case out of court, hopefully within 6 to 8 months. However, due to the complexity of these cases, the settlement process may take 12 to 18 months. If going to trial is necessary, the recovery process for an Erb’s palsy injury case can take over two years.
Statute of Limitations for a Birth Injury Claim
It’s essential to file your lawsuit within the statute of limitations, which is the amount of time you have to sue the responsible party for your injuries. The SOL on Erb’s palsy and other birth injury cases depend on whether you are the mother or the child. Whereas an adult only has one year from the injury date to seek compensation, the statute of limitations for the baby is 8 years from the delivery date. Thus, if your child suffered brachial plexus during childbirth, you have until the child’s eighth birthday to file a medical malpractice lawsuit.
Keep in mind that this timeline refers to birth injury claims against private hospitals. The timeline to sue a public district hospital is much shorter – typically 6 months from the date of injury. Statute of limitations for medical negligence is a complicated subject, so don’t hesitate to give us a call if you’re not sure about the expiration date for your case.
Free Second Opinion
Medical malpractice claims are incredibly challenging to prove, and not every attorney is up to the task of representing victims with birth injuries. Others may have the experience, but they see injury claims as a numbers game, and take on way more cases than they can handle. These situations can lead to all kinds of problems for the client, including lack of communication and little progress towards a settlement, if at all.
If you are unhappy with your current lawyer and have thought about switching to another law firm, please take some to meet with us during a free second opinion. We can provide answers if you are confused about certain legal issues and inform you of alternative methods to resolve your claim. If you believe it would benefit your case to work with us instead of your current lawyer, we will take on your case at no upfront cost. Whether you need legal advice or wish to continue your claim with a new law firm, call us today for a second opinion with one of our medical negligence lawsuit attorneys.
The Medical Malpractice Lawyers of Normandie
If your child was born with Erb’s palsy due to medical negligence during the delivery, it’s essential to discuss your legal options with a knowledgeable attorney. Our lawyers are experienced in medical malpractice investigations involving birth injuries. We will get to the bottom of who is responsible for your child’s condition and fight for the damages you’re entitled to.
At Normandie Law Firm, we believe that our fees should be paid by the negligent party, not the victims who are suffering through no fault of their own. Our Zero fee guarantee means we can take immediate action on your case at no cost to you. In fact, you will never be asked to pay anything, since we ask for our fees from the health care provider that you are suing. That means we only get paid if we recover your settlement; if not, you won’t have to pay for a single penny of our expenses.
To discuss your birth injury medical malpractice case with one of our attorneys, contact us to schedule a free consultation.
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