What Are Erb’s Palsy Lawsuit Settlements?
Erb’s palsy lawsuit settlements are financial awards for families of children who developed Erb’s palsy (brachial plexus palsy) due to medical negligence.
The average Erb’s palsy lawsuit settlement amount is more than $1 million.
Parents can use money from Erb’s palsy lawsuit settlements to help pay for medical bills, lost wages, and other expenses associated with their child’s condition. Early treatment is key to minimizing impairment in the affected arm.
Erb’s palsy lawsuit settlements also help families plan for the future, especially if it’s likely that the child will be unable to work because of their disability.
Who Qualifies for an Erb’s Palsy Settlement?
Generally speaking, parents of a child born with Erb’s palsy due to a health care provider’s medical mistake can file a birth injury lawsuit and pursue brachial plexus compensation.
To file an Erb’s palsy malpractice lawsuit, you will need to show that your child’s Erb’s palsy was directly caused by medical negligence or malpractice. Erb’s palsy medical malpractice occurs when a health care professional fails to follow the standard of care and causes harm to a patient as a result.
- Failing to properly address shoulder dystocia (baby’s shoulder stuck behind pelvic bone)
- Ignoring risk factors like an abnormally large baby
- Misuse of delivery tools like forceps or vacuum extractors
- Not performing a cesarean section (C-section) when necessary
- Pulling on the feet of a breech baby (baby presenting feet first)
- Using excessive force to deliver a baby from the birth canal
- Yanking on a baby’s head, shoulder, or arm
Labor and delivery teams are trained to take appropriate action when complications arise and protect both the mother and infant from harm. When they fail to do so, they should be held responsible.
Fortunately, Erb’s palsy lawyers have the experience and expertise in Erb’s palsy cases to help families prove medical malpractice and pursue settlement compensation.
If you think medical malpractice may have caused your child’s Erb’s palsy, The Birth Injury Justice Center may be able to help. Contact one of our nurse case managers in confidence.
Average Erb’s Palsy Lawsuit Settlement Amount
According to a study that looked at 1,215 birth injury claims over a nine-year period, the average medical malpractice claim payout was $936,843.
Factoring in inflation, this works out to more than $1 million in 2023.
the average medical malpractice claim payout for children under one month old
Source: TDC Group study
The Erb’s palsy law firms that The Birth Injury Justice Center works with have secured more than $862 million for families affected by Erb’s palsy and other birth injuries.
- $5 million for a Connecticut family
- $2 million for a family in North Carolina
- Over $1.5 million for a Maryland family
- $1 million for a family in New Jersey
Of course, individual Erb’s palsy lawsuit settlements may be lower or higher, depending on the specifics of each case.
An Erb’s palsy lawyer can give you a better idea of the potential settlement value of your case.
See if an Erb’s palsy lawyer may be able to help your family — get a free consultation now.
What Factors Affect Erb’s Palsy Settlements?
A number of factors impact the amount of Erb’s palsy lawsuit settlements. Some of these factors are listed below.
Severity of Brachial Plexus Injury
Birth injury lawsuit settlements are influenced by the severity of the child’s injury. Generally speaking, the more severe the injury, the higher the settlement value.
- If your child is expected to regain use and feeling in the affected arm
- Whether your child lost total feeling in the arm or only partial feeling
- If your child experienced additional birth injuries such as brain damage
- The amount of pain and suffering experienced by your child
Extent of Medical Care
Children with Erb’s palsy often need long-term medical treatment, including physical therapy, hydrotherapy, and surgery. They may also need counseling to help with self-esteem issues.
Erb’s palsy lawsuit settlements typically account for a child’s past and future (anticipated) medical expenses.
Effect on Earning Capacity
Depending on the extent of the nerve damage, your child may be limited in the type of work they will be able to perform when they are older.
It’s likely that an Erb’s palsy settlement will take lost earning potential into account.
Your Erb’s Palsy Lawyer
Don’t underestimate how an experienced Erb’s palsy lawyer can affect a settlement amount. They can determine the expenses associated with your child’s birth injury and fight for enough Erb’s palsy compensation to secure their financial future.
The Birth Injury Justice Center can connect you with a top Erb’s palsy attorney near you. Get a free case review and see if they may be able to help your family.
Settlement Process for Erb’s Palsy Claims
Each Erb’s palsy case is unique. However, most Erb’s palsy lawsuit settlements follow a similar path.
Here are the basic steps for pursuing Erb’s palsy compensation.
1. Get a Free Case Evaluation
The first step in pursuing an Erb’s palsy settlement is to get a free case review to ensure that you are eligible to file a lawsuit and pursue a settlement. During this review, a birth injury case manager and/or registered nurse will ask you questions about your child’s injury and birth experience.
2. Collect Evidence of Medical Malpractice
Once your claim is verified and you agree to work with an Erb’s palsy lawyer, the attorney and their support staff will gather evidence to show the connection between a health care provider’s negligence and your child’s Erb’s palsy.
- Medical records (for mother and child)
- Hospital policies and procedures
- Reports from medical experts
- Witness statements
3. File Your Erb’s Palsy Lawsuit
After your legal team has collected sufficient evidence and assessed damages in your case, your birth injury attorney will file your Erb’s palsy lawsuit in the appropriate court and before any legal deadlines.
Birth injury cases have filing deadlines called statutes of limitations that limit how much time you have to file a lawsuit and pursue settlement compensation and vary by state. The Erb’s palsy statute of limitations is typically 2-3 years in most states.
An Erb’s palsy lawyer can explain the statute of limitation that applies in your case and help you take legal action before it expires.
4. Negotiate a Settlement
Your attorney will fight for a settlement to adequately compensate your child for their injuries and secure their financial future. The stronger the evidence in your case, the more likely a settlement will be reached.
If your case doesn’t settle, your lawyer will argue your case in court. If successful, you will be awarded Erb’s palsy compensation through a jury verdict.
Thankfully, most Erb’s palsy medical malpractice lawsuits are resolved through settlements. Settlements are typically preferred by both sides of a legal dispute because they are quicker, less expensive, and less risky.
In medical malpractice cases, doctors, hospitals, and other medical professionals tend to prefer settlements because they are almost always confidential.
Get Help Seeking an Erb’s Palsy Settlement
Erb’s palsy can affect the rest of your child’s life. They may have permanent nerve damage, need ongoing medical treatment, and suffer from low self-esteem.
The careless medical professionals who caused your child’s condition should be the ones footing the bill — not you and your family.
The Birth Injury Justice Center works with top Erb’s palsy lawyers who can take cases in all 50 states and never charge any upfront fees.
Take the first step toward pursuing an Erb’s palsy lawsuit settlement — get a free case review now.
Brachial Plexus Settlements FAQs
What is Erb’s palsy compensation?
Erb’s palsy compensation is money paid to families of children with the condition caused by medical malpractice. In most cases, Erb’s palsy compensation is paid in the form of Erb’s palsy lawsuit settlements.
Families can use money from Erb’s palsy lawsuit settlements to help pay for nerve injury surgery, physical therapy, and other treatments that can improve their child’s quality of life.
What is the average settlement for a brachial plexus injury?
The average settlement for a brachial plexus (Erb’s palsy) injury is more than $1 million in 2023. This figure is based on data from a study that analyzed birth injury claims over a nine-year period.
That said, brachial plexus injury compensation amounts vary, depending on a range of factors. These include the severity of brachial plexus nerve damage, related medical expenses, and the degree of permanent impairment.
Do you need a lawyer for an Erb’s palsy settlement?
While you don’t need a lawyer to pursue an Erb’s palsy settlement, it’s in your best interest to get legal help from an experienced birth injury attorney.
Parents who work with birth injury lawyers are more likely to obtain higher settlements than if they go it alone. A birth injury attorney can accurately assess damages in an Erb’s palsy case, preventing families from accepting a quick, low-ball settlement offer.
Additionally, they can do all of the legal legwork, making the process as stress-free as possible. Call The Birth Injury Justice Center at (800) 914-1562 and see if one of our legal partners may be able to help your family.