Erb’s Palsy Lawsuit Settlements

What Are Erb’s Palsy Lawsuit Settlements?

Erb’s palsy lawsuit settlements are sums of compensation awarded to families who file legal claims because their child developed Erb’s palsy due to medical malpractice at birth.

About 95% of Erb’s palsy cases end in settlements, meaning families are typically able to access compensation without ever stepping foot inside a courtroom.

Erb’s palsy lawsuit settlements help families pay for the medical expenses needed to care for a child with Erb’s palsy (brachial plexus palsy). It can also help them hold negligent health care providers accountable and move forward with their lives.

Average Erb’s Palsy Lawsuit Settlement Amount

The average Erb’s palsy lawsuit settlement amount is over $1.3 million.

This figure is based on a 2019 analysis of 1,215 birth injury settlements and verdicts by a medical malpractice insurance company called The Doctors Group and adjusted for inflation in 2024.

The birth injury lawyers that LawFirm.com works with have helped many 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
• $4.5 million on behalf of an Illinois family
• $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 family in Connecticut
• $1.57 million to a Maryland family

Get a free case review now to see if we can connect you to a top lawyer who can pursue an Erb’s palsy settlement for your family.

Factors That Can Affect Erb’s Palsy Settlement Amounts

Erb’s palsy 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 injury and other factors.

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

• Severity of the injury: Cases in which an infant has suffered severe nerve damage in the affected arm often result in larger Erb’s palsy lawsuit settlements.
• Past and future medical expenses: Children may need expensive surgeries and therapies depending on the extent of nerve injury. They may also need to see a therapist to help boost their self-confidence.
• Loss of income: Some children may have a permanent disability that will affect their ability to work. Parents may also need to take time off from work to provide 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 cap how much can be awarded in medical malpractice cases.

Your attorney can also affect how much you may receive from Erb’s palsy lawsuit settlements.

An experienced Erb’s palsy lawyer will have the skills and resources to fight for the justice and compensation your child deserves.

Who Qualifies for an Erb’s Palsy Settlement?

Parents or guardians of a child with Erb’s palsy 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 medical professional fails to uphold the standard of care, an infant can be born with Erb’s palsy.

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

• Improper response to shoulder dystocia (baby’s shoulders stuck behind the pubic bone)
• Ignoring risk factors, like an abnormally large baby or a mother with diabetes
• Misuse of forceps or a vacuum extractor during delivery
• Not performing a cesarean section (C-section) when risk factors are present
• Using excessive force on an infant’s arms when they are in 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 take emergency action so the mother and baby aren’t harmed. When they fail to do so, Erb’s palsy medical malpractice can occur, potentially affecting a child for the rest of their life.

How to Seek Erb’s Palsy Settlements

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

1. 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.
2. Collection of evidence: If you qualify, your attorney and their legal team will gather evidence to prove medical malpractice and calculate the amount of your damages. Evidence may include medical records, witness statements, expert testimony, and more.
3. Filing the lawsuit: Your lawyer will file your Erb’s palsy lawsuit in the proper court and 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
4. Negotiations: The goal of an Erb’s palsy lawsuit is a settlement that provides enough compensation to cover your child’s lifelong care. Your lawyer will fight for an Erb’s palsy lawsuit settlement that provides you with the most money as quickly as possible.
5. Trial: If your case doesn’t settle, your lawyer will represent you in court. A judge and jury will hear evidence from both sides and determine how much compensation you may receive.

Erb’s palsy lawyers and their clients often prefer settlements since they’re less risky and time-consuming than going to trial.

Erb’s palsy lawsuit settlements also provide families with quicker access to much-needed compensation, allowing parents to get their child the help they need as soon as possible.

How Erb’s Palsy Compensation Helps Families

Erb’s palsy compensation can help pay for treatments that allow a child to live their best possible life.

Parents can use money from Erb’s palsy lawsuit settlements to help cover:

• Botox® injections
• Hydrotherapy
• Lost wages
• Mental health services
• Orthotic splints
• Pain and suffering
• Physical therapy
• Surgery (to repair torn nerves or muscles)
• Other medical bills

In the case of Erb’s palsy, early treatment is critical, especially if surgery may be needed.

“The time frame for surgical repair is an important factor for recovery.”
– Cincinnati Children’s Hospital Medical Center

Compensation from an Erb’s palsy malpractice claim can help parents obtain timely medical treatment for their child.

See if we can help you pursue Erb’s palsy compensation to provide your child with the best quality of life possible.

Deadline to File Erb’s Palsy Compensation Claims

The Erb’s palsy statute of limitations sets the amount of time you have to file a lawsuit for your child’s birth injury. This deadline varies by state.

In most states, parents have 2-3 years to file a lawsuit and pursue Erb’s palsy settlements. However, in some states, this deadline is as short as 1 year after the discovery of the injury.

If you wait too long, you won’t be able to take legal action and seek an Erb’s palsy lawsuit settlement.

Get Help Pursuing an Erb’s Palsy Settlement

Compensation from Erb’s palsy lawsuit settlements allows families to provide the care their child needs to live a full and happy life.

LawFirm.com works with birth injury lawyers who have helped families across the country secure compensation and justice for Erb’s palsy medical malpractice.

They never charge any upfront or out-of-pocket fees, so there’s no financial risk to take legal action.

Call (888) 726-9160 right now or fill out our form to see if they can help you secure your child’s future.