Erb’s Palsy Lawsuit Settlements

Name: What Is Erb’s Palsy?
Uploaded: 2024-09-26T00:00:00-04:00
Description: Erb's palsy is a birth injury often caused by medical negligence. Find out more about this condition and how the birth injury lawyers in our network help families seek justice and compensation.

When medical negligence causes a child to develop Erb’s palsy, families may be entitled to compensation. Erb’s palsy lawsuit settlements award up to $1.32 million on average. This compensation can help a family get the best possible medical care for their child and provide for their future. See if we can help you pursue an Erb’s palsy settlement now.

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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

Written by: Rae Theodore

Last updated: Mar 18, 2025

Fact-Checked and Legally Reviewed by: Katie Lavender, RN

What Are Erb’s Palsy Injury Settlements?

Erb’s palsy injury settlements provide financial relief to families whose children developed Erb’s palsy due to medical mistakes during labor and delivery.

Erb’s palsy causes numbness, tingling, and paralysis in the shoulder and arm from damage to the brachial plexus, a network of nerves that runs from the neck to the shoulders and arms. It’s sometimes called brachial plexus palsy.

The majority of Erb’s palsy lawsuits end in settlements, allowing families to access compensation without stepping foot inside a courtroom.

Erb’s palsy lawsuit settlements award over $1 million on average, lessening the financial burden of caring for a child with a brachial plexus injury while holding negligent health care providers accountable.

Erb's palsy is a birth injury often caused by medical negligence. Find out more about this condition and how the birth injury lawyers in our network help families seek justice and compensation.

Duration: 1 min 13 sec

LawFirm.com works with top Erb’s palsy lawyers who have recovered over $1 billion for families affected by preventable birth injuries.

Get a free case review now to see if they may be able to pursue an Erb’s palsy settlement for you.

Erb’s Palsy Lawsuit Settlement Amounts

The average Erb’s palsy lawsuit settlement amount is over $1 million in 2025, according to information on birth injury lawsuits collected by The Doctors Group, a medical malpractice insurance company.

The birth injury lawyers that LawFirm.com works with have helped some families secure Erb’s palsy compensation well above this average.

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

$5 million for a family in Connecticut
$2.75 million to a Pennsylvania family
$2 million for a family in North Carolina
$1.99 million on behalf of a New York family
$1.8 million to a family in Texas
$1.62 million for a family in Connecticut
$1.57 million to a Maryland family
$4.5 million on behalf of an Illinois family

Call (888) 726-9160 right now or chat with a case manager to see if a top lawyer may be able to seek Erb’s palsy lawsuit settlements for you.

Who Qualifies for Erb’s Palsy Settlements?

Parents or guardians of a child with a brachial plexus injury caused by a medical mistake are typically eligible to pursue Erb’s palsy lawsuit settlements.

Erb’s palsy has several causes, including medical malpractice. When a health care professional fails to uphold the standard of care, they can cause nerve damage leading to Erb’s palsy.

Examples of medical errors that can cause Erb’s palsy include:

Failing to perform a cesarean section (C-section) when risk factors are present
Ignoring risk factors, like an abnormally large baby or a mother with diabetes
Misusing forceps or a vacuum extractor during delivery
Responding improperly to shoulder dystocia (baby’s shoulders stuck behind the mother’s pubic bone at birth)
Using excessive force on an infant’s arms when they are in a breech (feet-first) position
Yanking on a baby’s head, neck, or shoulders to deliver them from the birth canal

Labor and delivery teams are trained to identify potential problems and act quickly to protect the mother and baby. When they fail to do so, Erb’s palsy medical malpractice can occur, potentially affecting a child for the rest of their life.

LawFirm.com has registered nurses on staff who can determine if medical negligence may have contributed to your child’s Erb’s palsy and explain your legal options. There’s no cost to speak with our team.

Fill out our form to speak with a labor and delivery nurse so you can get the answers you need and deserve.

How to File Erb’s Palsy Compensation Claims

An experienced birth injury attorney can guide you through the Erb’s palsy settlement process with minimal added stress. With a legal professional fighting for the compensation you deserve, you can focus on caring for your child.

While the process of securing Erb’s palsy lawsuit settlements is unique for each case, most follow the basic steps below.

Get a free case review: LawFirm.com provides free case reviews, so you can find out if you may be eligible to pursue an Erb’s palsy settlement without any financial risk.
Collect evidence: Your Erb’s palsy lawyer and their legal team will gather evidence, like medical records and expert testimony, to prove medical malpractice occurred.
File your birth injury lawsuit: Your team will file your Erb’s palsy lawsuit in the proper court before any legal deadlines. They will demand that the negligent health care providers pay for your child’s medical bills, pain and suffering, and more.
Access Erb’s palsy compensation: The goal of an Erb’s palsy lawsuit is a settlement that provides enough compensation to cover your child’s long-term care needs.

Brachial plexus injury settlements allow families to access compensation as quickly as possible.

However, if a settlement is unable to be reached, your lawyer will represent you in court and fight for an Erb’s palsy verdict that provides maximum compensation.

Statute of Limitations for Brachial Plexus Injury Settlements

Each state has statutes of limitations that establish how long you have to file a claim for birth injuries like brachial plexus nerve damage.

In most states, families have 2-3 years to pursue Erb’s palsy lawsuit settlements, but this deadline can be as short as 1 year in some regions.

An Erb’s palsy law firm can explain the deadline that applies in your case and act quickly to protect your right to sue. You don’t need an official diagnosis to start the process.

However, it’s important to act quickly. If you wait too long, you may miss your window of opportunity to seek an Erb’s palsy settlement.

Factors That Can Affect Brachial Plexus Injury Lawsuit Settlements

Brachial plexus injury settlement amounts will vary based on the details of each case. Your claim may be worth more or less depending on the severity of your child’s nerve damage and other factors.

Factors that can impact Erb’s palsy lawsuit settlements include:

Severity of the injury: Severe nerve damage in an infant’s arm can lead to larger Erb’s palsy lawsuit settlements.
Past and future medical expenses: Children often need expensive surgeries and treatments depending on the extent of nerve injury. They may also need to see a therapist to boost their self-confidence.
Loss of income: A child may have a permanent disability that impacts their ability to work, and parents may have to take time off to provide necessary care.
Level of medical malpractice: When the medical malpractice is extreme, negligent health care providers may agree to larger Erb’s palsy lawsuit settlements.
State where the child was born: Some states have laws that limit how much can be awarded in medical malpractice cases.

The attorney you work with can also affect how much you may receive from Erb’s palsy lawsuit settlements. An experienced Erb’s palsy lawyer will have the knowledge and skills to fight for the justice and compensation your child deserves.

Get a free case review now to see if a top attorney in our network may be able to fight for an Erb’s palsy settlement for your family.

How Erb’s Palsy Compensation Helps Families

Erb’s palsy compensation can help you pay for the treatments your child needs and deserves to live their life to the fullest.

Erb’s palsy lawsuit settlements can help cover:

Botox^® injections
Doctor’s appointments
Hydrotherapy
Lost wages
Mental health services
Orthotic splints and braces
Pain and suffering
Physical therapy
Surgery to repair torn nerves or muscles
Other medical bills

Doctors may recommend Botox injections, which limit the use of the muscles frequently used to allow weaker ones to become stronger. Hydrotherapy (exercises performed in water) can prevent the stiffening of weak muscles.

These treatments can be expensive and more than families could have ever prepared for. Erb’s palsy lawsuit settlements can ease any financial strains and help ensure your child gets the best possible care.

“After hours of labor, my daughter arrived unresponsive, with severe bruising and swelling on the back of her head. Thankfully, the law firm fought for justice and the best care for my child. The compensation they secured for my daughter has been life-changing.”

– New York City mother who worked with an Erb’s palsy law firm in our network

Get Help Seeking an Erb’s Palsy Settlement

Erb’s palsy can affect a child physically and emotionally for the rest of their lives. They may need ongoing medical treatment and other care as they grow and face new challenges.

Erb’s palsy lawsuit settlements offer the financial support many families need to provide their child with a brighter future.

LawFirm.com works with Erb’s palsy lawyers who have recovered over $1 billion for families affected by preventable birth injuries like Erb’s palsy.

Our trusted legal partners don’t charge any upfront costs or hourly fees and can help families in all 50 states.

Call (888) 726-9160 right now or fill out our form to take the first step toward an Erb’s palsy settlement.

Erb’s Palsy Lawsuit Settlements FAQs

What is the average settlement for a brachial plexus injury?

The average settlement amount for a brachial plexus injury is over $1 million in 2025, according to The Doctors Group.

The medical malpractice insurer analyzed birth injury medical malpractice claims over 9 years and tracked the resulting settlements and verdicts.

Get a free case review to see if you may be eligible for a brachial plexus injury settlement.

What is Erb’s palsy compensation?

Erb’s palsy compensation is money paid to families of children who developed this condition due to medical negligence. Erb’s palsy compensation claims pay $1 million+ on average.

This money, which typically comes from Erb’s palsy lawsuit settlements, can be used to help pay for a child’s medical expenses, physical therapy, and more.

Am I eligible for an Erb’s palsy settlement?

You may be eligible for an Erb’s palsy settlement if you are the parent or guardian of a child who developed the condition due to a medical mistake by an obstetrician or other medical professional.

An Erb’s palsy attorney can determine if you qualify and fight for maximum compensation if you do.

Call (888) 726-9160 now to get started.

How much does it cost to seek an Erb’s palsy settlement?

The Erb’s palsy lawyers that LawFirm.com works with handle birth injury cases on a contingency fee basis. This means that they never charge any upfront costs or hourly fees to file a birth injury lawsuit.

Instead, they get paid by taking a percentage of any settlement money they recover for you.

Is brachial plexus injury a permanent disability?

Yes, in some cases. If the brachial plexus nerves have suffered severe damage, the condition may be considered a permanent disability, and children may even qualify for Social Security Income (SSI).

An Erb’s palsy lawyer can help you navigate SSI and pursue a brachial plexus birth injury settlement if you qualify.

Does Erb's palsy qualify for disability?

Yes, when Erb’s palsy results in a significant impairment, it may be considered a permanent disability and qualify for payments from the government.

An Erb’s palsy law firm can help you explore compensation options for your child’s personal injury.

Get a free case review now to see if a top lawyer can fight for Erb’s palsy compensation on your behalf.

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.