Questions?What Is an Erb’s Palsy Lawsuit?
An Erb’s palsy lawsuit allows families to pursue financial compensation when medical negligence during childbirth caused their child’s condition. Health care providers must ensure the safe delivery of babies, but improper care can lead to birth injuries like brachial plexus damage.
Most children with Erb’s palsy recover fully with treatment, but the costs can add up quickly. Medical expenses and missed work for parents who need to care for their child can become overwhelming.
If your child’s Erb’s palsy was caused by a medical mistake during the delivery process, your family may be able to seek compensation from an Erb’s palsy lawsuit.
Around 20,000 medical malpractice lawsuits are filed annually in the U.S., with many involving brachial plexus injuries at birth.
The Birth Injury Justice Center is committed to helping families affected by preventable birth injuries like Erb’s palsy. We partner with a network of Erb’s palsy lawyers who can help families in all 50 states.
Our legal partners have secured over $1 billion in birth injury lawsuit compensation for families like yours. Find out if we can help you, too — get your free case review now.
Recent Erb’s Palsy Lawsuit Settlements and Verdicts
Erb’s palsy settlements and verdicts can vary depending on the details of each case and the child’s expected medical expenses.
However, when a child suffers a serious brachial plexus injury caused by medical negligence, some families receive over a million dollars.
Most Erb’s palsy lawsuits are resolved through out-of-court settlements, which allow families to receive compensation without the lengthy trial process.
- $5 million to a Connecticut family
- $1.99 million for a family in New York
- $1.8 million to a Texas family
- $1.62 million for a child in Connecticut
- $1.25 million to a family in Illinois
- $1.17 million on behalf of a New Jersey child
- $1.2 million for a family in Florida
- $1.57 million to a family in Maryland
- $2 million for a family in North Carolina
- $2.75 million to a Pennsylvania family
- $4.5 million on behalf of a child in Illinois
An experienced birth injury lawyer can help you understand your potential Erb’s palsy lawsuit settlement amount and work to secure the maximum payout for your family.
Call us right now at (800) 914-1562 or Click to Live Chat to find out if we can connect you with a top Erb’s palsy lawyer near you.
Erb’s Palsy and Medical Malpractice
Erb’s palsy causes are usually related to excessive pulling or stretching by a physician when delivering a newborn, damaging the baby’s brachial plexus nerves.
“With a brachial plexus injury, there may be a lack of movement in one arm. If you notice your baby isn’t using one arm or keeps it tucked in, that could be a sign that something happened during birth.”
– Beth Carter, RN, Legal Nurse Consultant Certified
Unfortunately, Erb’s palsy malpractice can play a major role in brachial plexus injuries.
Examples of negligence that may result in brachial plexus injury include:
- Applying excessive force on the baby’s head and neck during delivery
- Delaying or not performing a necessary C-section (cesarean section)
- Mismanaging shoulder dystocia (a baby’s shoulders get stuck behind the pelvis)
- Misusing assistive devices like forceps or vacuum extractors
If you think your child’s condition might be related to medical negligence, our registered nurses are available to help you talk through your concerns and understand your legal options.
Connect with a registered nurse right now.
Beth has more than 18 years of specialized experience in labor and delivery. She’s available to hear your story and help you figure out the cause of your child’s injury — and what you can do next.
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Call or chat with a caring, experienced nurse right now — we’re standing by to get you help and answers.
Who Can File an Erb’s Palsy Lawsuit?
Families of children with preventable brachial plexus injuries harmed at birth may be able to file an Erb’s palsy lawsuit if medical negligence contributed to their child’s condition.
Those who might qualify for Erb’s palsy compensation include:
- Parents: The child’s primary caregivers who have been directly affected
- Legal guardians: Individuals with legal responsibility for the child
Erb’s palsy is often diagnosed shortly after birth, particularly when shoulder dystocia or other delivery complications occur. However, the full impact, such as arm weakness or paralysis, may become more evident as your child grows.
You don’t need an official diagnosis to pursue money from an Erb’s palsy injury lawsuit.
Get a free legal case review today to find out if you may qualify
Why Should I File an Erb’s Palsy Lawsuit?
Parents may file an Erb’s palsy lawsuit due to the needless suffering the condition can bring to a child. Erb’s palsy lawsuits can give families a sense of closure and justice by holding negligent medical professionals accountable for their carelessness.
Compensation from brachial plexus injury lawsuits also helps families cover the costs of Erb’s palsy treatment. Children with disabilities have much higher health care costs and out-of-pocket expenses that parents may not be financially prepared for.
40%
of families of children with special health care needs experience a financial burden due to their child’s condition.
National Institutes of Health
Unfortunately, studies from the National Institutes of Health suggest that low-income families are often hit the hardest by the cost of caring for a child with disabilities.
Filing an Erb’s palsy lawsuit can provide financial relief to families who need it most.
Steps to Filing an Erb’s Palsy Lawsuit
Although every case differs, most Erb’s palsy lawsuits follow a similar process. Learn more about the steps below and how a birth injury lawyer can walk you through each one.
First, you’ll need to determine if you have a case. The best way to do this is by getting a free consultation from an experienced Erb’s palsy law firm.
The Birth Injury Justice Center works with a network of top birth injury attorneys who can help families in all 50 states.
Find out if we can connect you with a skilled lawyer near you with a free legal case evaluation.
Your Erb’s palsy attorney will handle the entire process of gathering evidence to prove that medical negligence caused or contributed to your child’s brachial plexus injury.
- Birth records documenting the labor and delivery process
- Diagnostic tests showing nerve damage or brachial plexus injuries
- Maternal medical records, including pregnancy complications and risk factors
- Medical expert reports linking the brachial plexus injury to negligence
- Witness statements from those present during the delivery
Your attorney will work to build a strong case, identifying all of the health care providers who may be to blame for your child’s brachial plexus injury.
Filing Erb’s palsy lawsuits involves submitting a formal complaint against the responsible medical professionals or hospital.
Your attorney will handle all paperwork, ensuring your brachial plexus claim is filed correctly and within the required time limits. Meanwhile, you can focus on your child.
After filing the Erb’s palsy lawsuit, your attorney will negotiate with the at-fault party with the goal of reaching an Erb’s palsy settlement without going to trial.
Your lawyer will advocate for your family’s best interests, using the evidence gathered to push for enough money to cover your child’s lifelong care needs.
If a settlement cannot be reached, your attorney will take your Erb’s palsy lawsuit to court. This step involves presenting your evidence and arguments before a judge and jury.
Your Erb’s palsy attorney will manage the entire trial process, fighting to secure the compensation your child deserves.
Get started right now with your free case review.
Erb’s Palsy Lawsuit Timeline
An Erb’s palsy lawsuit can take several months to over a year. The duration depends on several key factors.
Reaching a settlement often shortens the timeline, allowing families to receive compensation sooner. If the case goes to trial, the process may take longer due to court schedules and the possibility of appeals.
A skilled Erb’s palsy lawyer will work to secure the maximum compensation as efficiently as possible. Keep in mind that strict legal deadlines apply, so it’s important to act quickly.
Statutes of Limitations for Erb’s Palsy Lawsuits
The statute of limitations is the legal deadline for filing an Erb’s palsy lawsuit, and it varies by state. For most families, the time limit is 2 or 3 years from the date of the injury or when the injury was first discovered.
Because the laws differ from state to state, it’s crucial to consult with an experienced Erb’s palsy lawyer as soon as possible to ensure your case is filed within the appropriate time frame.
Acting promptly can make a significant difference in securing justice for your child.
File Your Erb’s Palsy Lawsuit Today
Negligent care by doctors, nurses, and other medical professionals can cause your child to develop permanent nerve damage. Caring for a child with disabilities can create a tremendous financial strain that most families could never have planned for.
For many families, Erb’s palsy compensation claims can provide money to help pay for treatment costs and hold those at fault accountable.
Brachial plexus cases are complex. Therefore, working with a skilled personal injury lawyer with experience in birth injury cases is important.
Our partner law firms can help families file birth injury lawsuits in all 50 states. Together, they’ve recovered over $1 billion for birth injuries, including Erb’s palsy.
Call the Birth Injury Justice Center at (800) 914-1562 right now or get a free case review to find out if we can help you get the justice you deserve.
Erb’s Palsy Lawsuit FAQs
What is the settlement for Erb's palsy from lawsuits?
Erb’s palsy lawsuit settlements are financial awards given to families when medical negligence during childbirth leads to a brachial plexus injury.
Compensation can help cover medical bills, therapy, mobility aids, and long-term care. In some cases, it may also account for pain and suffering or loss of future earning potential.
What factors may determine your Erb’s palsy lawsuit value?
Several factors may affect your brachial plexus palsy case value. A case value can give insight into how much financial compensation you may receive.
Factors that may affect an Erb’s palsy lawsuit value include:
- Clear evidence of medical mistakes
- Cost of past and future treatment
- The severity of the injury
If your child suffered from a brachial plexus injury, the Birth Injury Justice Center may be able to connect you with a skilled Erb’s palsy lawyer who can fight for maximum compensation for your family.
Call us right now at (800) 914-1562.
How much does it cost to file an Erb’s palsy lawsuit?
There’s no financial risk to file an Erb’s palsy lawsuit when you work with our legal partners. Our trusted network handles Erb’s palsy cases on a contingency fee basis, meaning you won’t pay anything upfront. You only pay if you receive compensation.
See if we can connect you with a local Erb’s palsy attorney near you. Fill out this form for a free case review today.
Do people usually win Erb's palsy lawsuits?
Yes, many families win Erb’s palsy lawsuits when medical negligence is clearly linked to their child’s injury.
To succeed, your legal team must show that the medical providers failed to meet the standard of care during pregnancy or delivery, and that this failure directly caused the brachial plexus injury.
Families who sue for Erb’s palsy often work with experienced birth injury lawyers to fight for the justice and compensation they deserve.
Is Erb's palsy malpractice?
Erb’s palsy may be considered malpractice if it was caused by a medical provider’s failure to follow the standard of care during childbirth.
Examples of medical negligence that may result in Erb’s palsy include:
- Applying excessive force when guiding a baby through the birth canal
- Delaying or failing to perform a necessary C-section
- Failing to manage a breech delivery (feet- or bottom-first) properly
- Mishandling shoulder dystocia during delivery
If your child’s injury could have been prevented with proper medical care, it may be the result of medical malpractice. Experienced brachial plexus lawyers can help families understand whether negligence was involved.
How do I know if I qualify for an Erb’s palsy lawsuit?
You may qualify if your child suffered a brachial plexus injury after a difficult birth. An Erb’s palsy lawsuit is possible when medical negligence causes preventable nerve damage during delivery.
The Birth Injury Justice Center has helped thousands of families take legal action after preventable birth injuries like Erb’s palsy.
Call us at (800) 914-1562 or Click to Live Chat right now to find out if you qualify — there’s no cost to speak with us.
