Erb’s Palsy Lawsuit

Often a lifelong condition, Erb’s palsy is a brachial plexus injury that can result from substandard or negligent medical care during the birth and delivery process. Parents of children with this condition may be able to file an Erb’s palsy lawsuit seeking compensation from the medical professionals responsible for injuring their child.

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What Is Erb’s Palsy?

Erb’s palsy is a type of birth injury characterized by muscle weakness, stiffness, or paralysis in the upper arm and shoulder area.

In cases of Erb’s palsy, the nerves in the upper part of the arm, known as the brachial plexus, have been damaged — often stretched or torn — due to injuries sustained during childbirth.

The brachial plexus includes five nerve bundles and is largely responsible for mobility and sense of feeling in the shoulder, arm, and hand. When this area of a newborn’s body is injured during birth, the resulting damage and/or paralysis can be permanent.

Can You Sue for Erb’s Palsy?

If your child developed Erb’s palsy due to medical malpractice or negligence during birth, you may be eligible to file an Erb’s palsy lawsuit.

A successful Erb’s palsy lawsuit may be able to recover money for:
  • Medical bills
  • Ongoing medical treatments, including surgery
  • Pain and suffering
  • Other expenses related to your child’s condition

Parents of children with Erb’s palsy only have a limited amount of time during which they may be eligible to pursue compensation through a lawsuit. If your child has Erb’s palsy, it’s important to seek legal assistance right away.

Who Can File an Erb’s Palsy Lawsuit?

To be eligible to file an Erb’s palsy lawsuit, parents must meet the following qualifications:

  • Their child has been diagnosed with Erb’s palsy.
  • Their child’s Erb’s palsy was caused by a birth injury due to medical malpractice or negligence.

The best way to learn if you’re eligible to file an Erb’s palsy lawsuit is to contact an experienced attorney who specializes in birth injury cases. Attorneys who specialize in this practice area will listen to the details of your situation and determine whether you may have legal options.

How Soon Should I File an Erb’s Palsy Claim?

Families only have a short window of time during which they may be eligible to file an Erb’s palsy claim. This timeframe is determined by a law known as the statute of limitations.

Each state has its own statute of limitations, which determines exactly how much time a victim or their family has to file a lawsuit after an injury has occurred. Once this deadline passes, families are no longer able to pursue legal action.

These laws make it especially important to contact an attorney as soon as possible if you think your child may have sustained an injury at birth. To see if you qualify for Erb’s palsy compensation, contact today.

How Long Does an Erb’s Palsy Lawsuit Take?

An experienced attorney will ensure that your Erb’s palsy lawsuit is filed within the statute of limitations. In addition, your legal team will do everything within their power to see that your case is handled efficiently.

While the amount of time a lawsuit takes to reach a resolution varies from case to case, most Erb’s palsy claims reach a settlement before proceeding to trial, resulting in a quicker resolution.

What’s the Average Erb’s Palsy Lawsuit Settlement Amount?

The total settlement amount recovered from an Erb’s palsy lawsuit will vary by case. Some notable Erb’s palsy financial recoveries include:

  • $4.5 million awarded to the family of a child affected by Erb’s palsy
  • $2.75 million awarded to the family of a child impacted by Erb’s palsy
  • $1.99 million for the family of a child with Erb’s palsy
  • $975,000 for the family of a 6-year-old boy with Erb’s palsy
  • $950,000 for the family of a 5-year-old girl who has Erb’s palsy

Erb’s palsy lawsuit settlement amounts are determined in part by the following factors:

  • Cost of medical bills
  • Extent/severity of Erb’s palsy
  • Future cost of medical treatment and therapy
  • Pain and suffering

Once you agree to work with an Erb’s palsy lawyer, your legal team will start gathering evidence to determine how much compensation you may be eligible for. Your attorneys will use the evidence in your case to try and negotiate a settlement with the defendants responsible for your child’s injury.

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If your baby has Erb's palsy, you could be owed money for child care.

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What Is the Process Like for an Erb’s Palsy Lawsuit?

Erb’s palsy attorneys work on your behalf to make the lawsuit-filing process as simple as possible, so that you can focus on your family.

Erb’s palsy lawsuits generally involve the following steps:


  1. Free Case Evaluation

    During this step, you will share the details of your situation with a case manager who will then determine your eligibility for filing a claim.

  2. Gathering Evidence

    If eligible, your legal team will gather evidence to support your claim, such as medical records, depositions, expert testimony, and evidence of pain and suffering.

  3. Filing the Lawsuit

    Once evidence has been gathered, your legal team will file the lawsuit against the medical provider(s) who may be responsible for your child’s Erb’s palsy.

  4. Negotiating a Settlement

    Your legal team will negotiate with the defendants in your case with the goal of securing as much money as possible on your behalf. Many defendants choose to settle with the victim’s family instead of proceeding to trial in court.

  5. Going to Trial (if Necessary)

    While the majority of cases settle before going to court, some proceed to trial before a judge and jury. If your case goes to trial, your legal team will work tirelessly on your family’s behalf to seek a favorable verdict.

Working with a successful and experienced birth injury lawyer makes the process of filing an Erb’s palsy lawsuit much easier for you and your family.

How Do I Get Started?

In the aftermath of a birth injury, many parents rightly feel sad, angry, confused, and overwhelmed. That’s why it’s important to speak with an attorney who has years of experience helping parents navigate similar situations.

At, the attorneys we work with don’t charge upfront or out-of-pocket costs. They only get paid if your case is successful in securing compensation.

To see if you’re eligible to file an Erb’s palsy lawsuit, contact us for a free, no-obligation legal case review. We can connect you with an Erb’s palsy attorney who has the experience and resources needed to fight for justice and compensation.

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ReferencesView References
  1. American Academy of Orthopedic Surgeons. “Erb’s Palsy (Brachial Plexus Birth Palsy)” April 2019. Retrieved March 2, 2022 from
  2. American Association of Neuromuscular & Electrodiagnostic Medicine. “Erb’s Palsy.” Retrieved March 5, 2022 from
  3. Chater, Michael. “What Is Erb’s Palsy and Who Is to Blame?” Pediatric Child Health. October 2004. Retrieved March 4, 2022 from
  4. Cleveland Clinic. “Erb’s Palsy: What Is It?” October 20, 2021. Retrieved March 3, 2022 from

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If you want to speak with a law firm about a potential case – or if you have a question or comment about – you can call (888) 726-9160 or fill out the case review form on this page for a free consultation. You should hear back within 24 hours.

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