We help people get the compensation they deserve.Erb’s Palsy Lawsuit
An Erb’s palsy lawsuit allows families to seek compensation for neck or shoulder nerve damage caused by a medical mistake during birth. Compensation can help pay for therapy and other treatments that can improve a child’s quality of life. See if one of our trusted legal partners may be able to fight for justice on your behalf.
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
Fact-Checked and Legally Reviewed by: Katie Lavender, RN
What Is an Erb’s Palsy Lawsuit?
An Erb’s palsy lawsuit is a legal claim filed against negligent medical professionals whose actions caused a child’s birth injury.
Erb’s palsy, also called brachial plexus palsy, occurs when the bundle of nerves in a baby’s shoulder and neck is damaged during labor or delivery.
These injuries can happen if a provider uses excessive force, mishandles shoulder dystocia, or improperly uses delivery tools like 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 exceed $1 million on average, helping families pay for medical care, physical therapy, adaptive equipment, 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 health and progress.
LawFirm.com works with top Erb’s palsy lawyers who’ve secured over $1 billion 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 Lawsuit Settlement Amounts
LawFirm.com partners with experienced birth injury lawyers who have recovered meaningful compensation for families affected by Erb’s palsy.
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.
Call (888) 726-9160 right now or chat with a case manager to see if you may be able to file an Erb’s palsy lawsuit. There’s no cost to speak with our team.
Understanding Erb’s Palsy & Medical Negligence
Medical malpractice occurs when a medical professional fails to provide a high standard of care and harms 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 develop 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 like very high blood pressure
- Misuse of forceps or vacuum extractors to assist with a birth
- 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
Health care providers are trained to respond to emergency situations and deal with complications in a way that prevents harm. When they fail to do so, their actions may be considered malpractice.
“There’s a bundle of nerves in the neck. Sometimes during difficult deliveries, it can be a vaginal delivery, it can be a C-section, those nerves get overstretched, or they can even rupture or break.
– Andi Lowe, RN, LawFirm.com case manager
Who Can File an Erb’s Palsy Negligence Claim?
You may be able to file an Erb’s palsy negligence claim if:
- Your child has developed Erb’s palsy or brachial plexus palsy
- The condition occurred due to an injury during delivery
- A health care provider caused or contributed to the injury
Parents or legal guardians typically bring these claims on behalf of the child. Financial compensation can help cover medical expenses, physical and occupational therapy, assistive devices, and long-term care needs.
Steps to File an Erb’s Palsy Malpractice Lawsuit in 2026
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 special needs and support families through each step of the legal process.
With a legal professional handling all of the paperwork, you can focus on what’s truly important — your child’s care and recovery. Learn more about the steps involved in Erb’s palsy lawsuits below.
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 of Erb’s Palsy Malpractice
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 Your Erb’s Palsy Claim
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 Erb’s Palsy Lawsuit Settlements
The goal of an Erb’s palsy lawsuit is to secure as much compensation as quickly as possible. Your 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.
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.
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 may no longer be able to 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 and explain your legal options. Get started with a free case review.
Reasons to File Erb’s Palsy Claims
Erb’s palsy lawsuits allow families to seek financial compensation and hold negligent health care professionals accountable for preventable birth injuries.
Here are the top 5 reasons families file Erb’s palsy lawsuit cases:
- Secure compensation: Money from an Erb’s palsy claim 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.
- Hold negligent medical professionals responsible: An Erb’s palsy lawsuit sends a strong message that medical malpractice is unacceptable and comes with a cost.
- 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.
- Provide for your child’s future: In some cases, children with Erb’s palsy never regain use of their injured arm. As a result, their career choices and future earning capacity may be impacted.
- Get closure: Many families have been able to move forward after their child’s birth injury knowing that justice has been served.
Taking legal action can provide the financial resources needed to support your child’s health, development, and quality of life.
“Our child’s shoulder got stuck during delivery, and her arm had to be broken to get her out. She’s in therapy three days a week and needs surgery. The law firm was incredibly helpful in guiding us through this tough situation, and we’re really grateful for their support.”
– Illinois parent who worked with our partner firm
Get Help From Our Erb’s Palsy Lawsuit Attorneys
LawFirm.com believes that no child should ever suffer a preventable injury. For that reason, we’ve partnered with top birth injury lawyers who can file Erb’s palsy 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 Erb’s palsy medical practice
- Recovered over $1 billion for affected families
The lawyers we work with never charge any upfront or hourly fees, so there’s no financial risk to filing an Erb’s palsy lawsuit.
Call (888) 726-9160 right now or fill out our form to take the first step toward the justice and compensation your child deserves.
Erb’s Palsy Injury Lawsuit FAQs
Yes, you may be able to sue for Erb’s palsy if your child’s injury was caused by medical negligence.
Compensation from an Erb’s palsy lawsuit can help cover surgery, physical or occupational therapy, adaptive equipment, and other long-term expenses related to a brachial plexus injury.
An Erb’s palsy attorney in our network can review what happened and determine whether malpractice occurred. Get started right now with a free case review.
Erb’s palsy compensation can range from hundreds of thousands to millions of dollars, depending on the severity of the injury and the medical negligence involved.
In one case, our legal partners secured $2 million for a North Carolina child with Erb’s palsy, providing financial relief and peace of mind for their family.
Call (888) 726-9160 right now or chat with a case manager to see if you may be eligible for an Erb’s palsy lawsuit settlement.
Medical negligence for Erb’s palsy happens when a doctor, nurse, or other provider fails to follow proper delivery standards and causes a brachial plexus injury.
This may include using too much force during childbirth, mishandling shoulder dystocia, or improperly using delivery tools like forceps or a vacuum extractor.
If a child’s Erb’s palsy could have been prevented with appropriate care, it may be considered medical negligence.
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 file Erb’s palsy lawsuits without any financial risk.
Yes. If Erb’s palsy causes long-term loss of function or limits a child’s ability to work later in life, they may qualify for disability benefits. Eligibility depends on how severe the injury is and how much it affects daily activities or earning capacity.
A birth injury attorney can help determine whether disability benefits or financial compensation may be available based on your child’s condition.
Yes. Most Erb’s palsy lawsuits settle out of court, with about 95% resolving through a settlement agreement rather than a trial. Hospitals and insurance companies often prefer to settle to avoid the risks, costs, and publicity of a courtroom case.
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.
Fact-Checked and Legally Reviewed by: Katie Lavender, RNRegistered Nurse
- Editor
Katie Lavender has over 8 years of experience as a registered nurse (RN), providing direct care to mothers and babies after childbirth. She brings her hands-on experience in the field of labor and delivery to the LawFirm.com team, helping ensure that our birth injury content is correct and up to date.
Written 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.
- American Academy of Orthopedic Surgeons. “Erb’s Palsy (Brachial Plexus Birth Palsy).” Retrieved from https://orthoinfo.aaos.org/en/diseases–conditions/erbs-palsy-brachial-plexus-birth-palsy.
- American Association of Neuromuscular & Electrodiagnostic Medicine. “Erb’s Palsy.” Retrieved from https://www.aanem.org/Patients/Muscle-and-Nerve-Disorders/Erb-s-Palsy.
- Basit H, Ali CDM, Madhani NB. Erb Palsy. (2023, April 8). In: StatPearls [Internet]. Treasure Island (FL): StatPearls Publishing. Retrieved from https://www.ncbi.nlm.nih.gov/books/NBK513260/.
- Chater, Michael. “What Is Erb’s Palsy and Who Is to Blame?” Pediatric Child Health. Retrieved from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2724163/.
- Cleveland Clinic. “Erb’s Palsy: What Is It?” Retrieved from https://my.clevelandclinic.org/health/diseases/21986-erbs-palsy.
- Sokolove Law. “Erb’s Palsy Lawsuit.” Retrieved from https://www.sokolovelaw.com/birth-injuries/erbs-palsy/lawsuit/.
- The Doctors Company (TDC Group). “Study of Malpractice Claims Involving Children.” Retrieved from https://www.thedoctors.com/articles/study-of-malpractice-claims-involving-children/.
