Erb’s Palsy Lawsuit

By filing an Erb’s palsy lawsuit, families can seek compensation for neck or shoulder damage caused by a medical mistake. Erb’s palsy lawsuit settlements help families pay for therapy and other treatments that can improve their child’s quality of life. See if one of our trusted legal partners may be able to fight for justice on behalf of your family.

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Why Take Legal Action?

By filing an Erb’s palsy lawsuit, you can seek financial compensation to provide your child with the care they need to live their best life.

Results Secured

  • $5 million for a family in Connecticut
  • $2 million for a North Carolina family
  • $1.8 million for a family in Texas
Rae Theodore

Fact-Checked and Legally Reviewed by: Rae Theodore

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What Is an Erb’s Palsy Lawsuit?

An Erb’s palsy lawsuit is a legal complaint filed against negligent health care providers who are responsible for a child’s injury.

Erb’s palsy, also known as brachial plexus palsy, is a condition caused by injury to the network of nerves in the shoulder and neck during delivery. These injuries may result from excessive force used to deliver a baby or misuse of forceps or vacuum extractors.

Erb’s Palsy Lawsuits at a Glance

  • About 95% of Erb’s palsy lawsuits end in out-of-court settlements.
  • Birth injury settlements are over $1 on average, and money can help pay for your child’s medical expenses, physical therapy, and more.
  • Families typically have 2-3 years to file an Erb’s palsy malpractice lawsuit.
  • A lawyer can handle all aspects of an Erb’s palsy lawsuit, so you can focus on your child’s care.

LawFirm.com works with top Erb’s palsy lawyers who’ve secured over $917 million for families impacted by brachial plexus palsy and other birth injuries.

Get a free case review now to see if they may be able to file an Erb’s palsy injury lawsuit on your behalf and fight for maximum compensation.

Erb’s Palsy and Medical Malpractice

Medical malpractice occurs when a medical professional fails to provide a high standard of care and injures a patient as a result.

During a complicated birth, a doctor may injure the brachial plexus nerves in the baby’s shoulders or neck. When this happens, the child may suffer from Erb’s palsy, a condition that makes it difficult for them to use their hurt arm.

Causes of Erb’s palsy medical malpractice can include:

  • Failing to address shoulder dystocia (baby’s shoulder stuck behind mother’s pubic bone)
  • Ignoring maternal risk factors
  • Misuse of forceps or vacuum extractors
  • Not performing a necessary cesarean section (C-section)
  • Pulling on a baby’s head or neck to deliver them from the birth canal
  • Tugging on a baby’s arms during a breech (feet-first) delivery
  • Using excessive force on a baby’s upper arm and shoulder

Obstetricians and other labor and delivery team members are trained to respond to emergency situations and deal with complications in a way that prevents harm to both the mother and infant. When they fail to do so, their actions (or inactions) may be considered malpractice.

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Call (888) 726-9160 right now to speak with a labor and delivery nurse who can listen to your story and help determine if medical malpractice may have occurred — for free.

Erb’s Palsy Lawsuit Settlement and Verdict Amounts

LawFirm.com has partnered with top Erb’s palsy lawyers who have recovered over $917 million for families affected by preventable birth injuries nationwide.

Erb’s palsy lawsuit settlements and verdicts secured by our legal partners include:

  • $5 million to a Connecticut family
  • $2.75 million for a family in Pennsylvania
  • $2 million to a North Carolina family
  • $1.99 million for a family in New York
  • $1.57 million to a Maryland family
  • $1.2 million on behalf of a family in Florida
  • $1 million to a New Jersey family
  • $4.5 million on behalf of a family in Illinois

Compensation from Erb’s palsy lawsuits varies based on individual factors, like the severity of the brachial plexus nerve damage and the degree of medical malpractice involved.

Regardless of the facts of your case, an Erb’s palsy lawyer will fight hard to get you everything you deserve.

See if we may be able to help you pursue an Erb’s palsy settlement during a free case review.

Who Can File an Erb’s Palsy Malpractice Lawsuit?

You may be able to file an Erb’s palsy malpractice lawsuit if:

  • Your child has Erb’s palsy or brachial plexus palsy
  • The condition occurred due to an injury before, during, or shortly after birth
  • A health care professional caused or contributed to the injury

Money can help families pay for their child’s medical bills, therapy sessions, and more, but it’s important to act quickly.

Statutes of Limitations for Erb’s Palsy Lawsuits

Families only have a limited amount of time to file an Erb’s palsy lawsuit due to state laws called statutes of limitations.

Did you know?

In most states, families have 2-3 years from the discovery of the birth injury to file an Erb’s palsy malpractice lawsuit.

Once this deadline passes, families are no longer able to take legal action and seek compensation.

The best way to protect your legal rights is to reach out to an Erb’s palsy law firm as soon as possible. They can explain the deadline that applies in your case and act quickly to ensure that your lawsuit is filed in time.

Our team is standing by to help you determine if a medical error may be to blame for your child’s condition.

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How to File an Erb’s Palsy Injury Lawsuit

Birth injury attorneys work to make filing an Erb’s palsy injury lawsuit as easy and stress-free as possible. They understand the challenges of caring for a child with a birth injury and support families through each step of the legal process.

Erb’s palsy lawsuits generally involve the following steps.

1. Get a Free Case Review

Top birth injury attorneys offer free case reviews, so you can find out if you may be able to file an Erb’s palsy injury lawsuit without any financial risk.

You don’t need an official Erb’s palsy diagnosis to get a free case review.

2. Collect Evidence

Your Erb’s palsy attorney and their legal team will gather evidence linking your child’s injury to a medical mistake.

Erb’s palsy medical malpractice evidence may include:

  • Diagnostic test results
  • Medical records
  • Reports from experts
  • Testimony from eyewitnesses

This evidence will be used to support your Erb’s palsy lawsuit and identify the responsible parties.

3. File the Erb’s Palsy Malpractice Lawsuit

Using this evidence, your Erb’s palsy lawyer will file your lawsuit against the at-fault health care providers. Defendants in Erb’s palsy lawsuit cases may include the obstetrician who delivered the baby and the hospital where the birth took place.

Your attorney will file your medical malpractice case in the proper court and before any filing deadlines.

4. Access Compensation

The goal of an Erb’s palsy lawsuit is to secure as much compensation as quickly as possible. Your birth injury lawyer will negotiate with the defendants and strive for an out-of-court settlement that awards maximum compensation.

While the majority of Erb’s palsy lawsuits end in out-of-court settlements, your legal team will be prepared to represent your family at trial and fight for a favorable outcome.

5 Reasons to File an Erb’s Palsy Lawsuit

Erb’s palsy lawsuits allow families to pursue compensation that can help pay for their child’s medical expenses and hold negligent health care providers accountable.

Learn about 5 top reasons to file an Erb’s palsy injury lawsuit below.

  1. Secure compensation: Money from a brachial plexus lawsuit can help parents afford top treatments for their child. This may include surgery to repair nerve damage or physical therapy to help with strength and range of motion in the affected arm.
  2. Hold negligent medical professionals responsible: An Erb’s palsy lawsuit sends a strong message that medical malpractice is unacceptable and comes with a cost.
  3. Protect other children: While there’s no way to erase your child’s injury, you may be able to protect other children from similar harm by taking legal action. Sometimes, hospitals change their policies and procedures in response to a lawsuit, and doctors may decide to stop practicing after they’ve been accused of medical malpractice.
  4. Provide for your child’s future: In some cases, children with Erb’s palsy never regain the use of their injured arm. As a result, their career choices and future earning capacity may be impacted.
  5. Get closure: Many families have been able to move forward after their child’s birth injury knowing that justice has been served.

By taking legal action, you can pursue compensation to help improve your child’s health and quality of life. Get started now with a free case review.

Get Help With an Erb’s Palsy Lawsuit

LawFirm.com believes that no child should ever suffer a preventable birth injury.

For that reason, we’ve partnered with top birth injury lawyers who can file Erb’s palsy malpractice lawsuits on behalf of families in all 50 states.

Our legal partners have:

  • Decades of experience advocating for victims of injustice
  • Labor and delivery nurses on staff to help prove medical practice
  • Relationships with leading medical experts
  • Secured hundreds of millions of dollars for affected families

The lawyers we work with never charge any upfront or out-of-pocket fees, so it costs nothing to take legal action.

Call (888) 726-9160 right now or fill out our contact form to take the first step toward the justice and compensation you deserve.

Erb’s Palsy Lawsuit Cases FAQs

Can you sue for Erb’s palsy?

Yes, you may be able to sue for Erb’s palsy if your child’s injury was caused by medical negligence.

Money from an Erb’s palsy lawsuit can help pay for surgery, physical therapy, and other expenses related to a brachial plexus injury.

What is Erb’s palsy compensation?

Erb’s palsy compensation is money awarded to resolve an Erb’s palsy malpractice lawsuit.

In 2024, an Illinois court awarded over $75 million to the family of a child who suffered Erb’s palsy and other serious injuries due to excessive force during delivery.

While individual results may vary, an Erb’s palsy lawyer will fight for maximum compensation.

See if you may be entitled to Erb’s palsy lawsuit compensation during a free case review.

How much is the average Erb’s palsy lawsuit settlement?

The average birth injury lawsuit settlement is over $1 million, according to a study by The Doctors Group, which analyzed 1,215 birth injury claims over a 10-year period.

The potential value of your Erb’s palsy case may vary depending on the extent of the injury and the cost of your child’s medical care.

Call (888) 726-9160 right now to see if we may be able to help you pursue an Erb’s palsy lawsuit settlement.

How time-consuming is an Erb’s palsy lawsuit?

A birth injury lawyer can handle all of the work involved in an Erb’s palsy lawsuit, so families can focus on caring for their child without any disruption.

Erb’s palsy lawyers understand the time and energy it takes to care for a child with a birth injury, so they strive to make the legal process as easy and stress-free as possible.

How much does it cost to file an Erb's palsy lawsuit?

It costs nothing upfront to work with our legal partners to file an Erb’s palsy lawsuit. Instead, they get paid by taking a percentage of any money they secure for you.

This type of fee arrangement allows all families to take legal action for Erb’s palsy medical malpractice without any financial risk.

Rae Theodore

Fact-Checked and Legally Reviewed by: Rae Theodore

Rae Theodore is a writer and editor with more than 30 years of experience in legal publishing. She earned a bachelor’s degree in English from Pennsylvania State University.

  1. American Academy of Orthopedic Surgeons. “Erb’s Palsy (Brachial Plexus Birth Palsy)” April 2019. Retrieved July 26, 2024, from https://orthoinfo.aaos.org/en/diseases–conditions/erbs-palsy-brachial-plexus-birth-palsy
  2. American Association of Neuromuscular & Electrodiagnostic Medicine. “Erb’s Palsy.” Retrieved July 26, 2024, from https://www.aanem.org/Patients/Muscle-and-Nerve-Disorders/Erb-s-Palsy
  3. Basit H, Ali CDM, Madhani NB. Erb Palsy. (2023, April 8). In: StatPearls [Internet]. Treasure Island (FL): StatPearls Publishing. Retrieved July 26, 2024, from https://www.ncbi.nlm.nih.gov/books/NBK513260/
  4. Chater, Michael. “What Is Erb’s Palsy and Who Is to Blame?” Pediatric Child Health. October 2004. Retrieved July 26, 2024, from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2724163/
  5. Cleveland Clinic. (2021, October 20). “Erb’s Palsy: What Is It?” Retrieved July 26, 2024, from https://my.clevelandclinic.org/health/diseases/21986-erbs-palsy
  6. Ranum, D. (2019, March). “Study of Malpractice Claims Involving Children.” The Doctors Company (TDC Group). Retrieved July 26, 2024, from https://www.thedoctors.com/articles/study-of-malpractice-claims-involving-children/
  7. Sokolove Law. (2024, July 16). “Erb’s Palsy Lawsuit.” Retrieved July 26, 2024, from https://www.sokolovelaw.com/birth-injuries/erbs-palsy/lawsuit/
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