What Are Erb’s Palsy Lawsuit Settlements?
An Erb’s palsy settlement occurs when a parent who has filed a birth injury lawsuit (the plaintiff) withdraws their legal complaint in exchange for a sum of money from the health care providers they accused of medical negligence (the defendants). This out-of-court settlement resolves the lawsuit before it goes to trial.
Most Erb’s palsy cases reach settlements because going to trial is riskier and more time-consuming for both the plaintiff and defendant.
Settlement money helps families pay for the medical expenses associated with caring for a child with Erb’s palsy. It can also help them move forward with their lives.
LawFirm.com can help you take the first step in pursuing settlement money. Get a free consultation now.
Who Qualifies for an Erb’s Palsy Settlement?
Generally speaking, parents of a child with Erb’s palsy caused by a medical mistake are 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 malpractice that can cause Erb’s palsy include:
- Improper response to shoulder dystocia (baby’s shoulders stuck behind pubic bone)
- Ignoring risk factors such as 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
- Tugging 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, they can and should be held accountable.
Sometimes parents are unsure as to whether a medical error caused their child’s Erb’s palsy. The doctor may have told them that there was nothing that could have been done differently or even covered up evidence of medical malpractice.
LawFirm.com may be able to help. Our Erb’s palsy case managers have helped many families get to the bottom of their child’s injury and figure out their next steps. Chat now in confidence.
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What’s the Average Erb’s Palsy Lawsuit Settlement Amount?
According to a 2019 analysis of 1,215 birth injury settlements and verdicts, the average payout for a birth injury claim is $936,843.
This payout is between $1.16 million and $1.32 million when adjusted for inflation in 2023.
Keep in mind that Erb’s palsy lawsuit settlements vary from case to case. Your potential case may be worth more or less depending on the severity of your child’s injury and other factors.
Here are some notable Erb’s palsy lawsuit settlement amounts and verdicts:
- $4.5 million for a family in Illinois
- $2.75 million for a Pennsylvania family
- $1.99 million for a New York family
- Over $1 million for a South Carolina family
- $975,000 for a 6-year-old boy in Florida
See if you qualify to pursue an Erb’s palsy settlement — get a free case evaluation.
Factors That Can Affect Settlement Amounts
Values for Erb’s palsy lawsuit settlements vary depending on the specific facts of each case.
Here are some factors that often impact settlement values:
- Severity of injury: Cases in which an infant has suffered severe nerve damage in the affected arm often result in larger settlement values.
- Past and future medical expenses: Children may need expensive surgeries and therapies depending on the extent of nerve injury. Additionally, children may 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.
- Attorney handling the case: Erb’s palsy lawyers have the experience to prove medical malpractice and maximize settlements for clients.
Steps in the Settlement Process
Most Erb’s palsy lawsuit settlements follow these steps:
- Free case review: A birth injury lawyer will review the facts of your case and determine if you qualify for an Erb’s palsy settlement. Get a free case review right now.
- Collection of evidence: As soon as you qualify for an Erb’s palsy lawsuit and agree to work with a law firm, your legal team will start collecting evidence to prove medical malpractice and calculate your damages. This may include medical records, witness statements, and copies of the hospital’s policies and procedures.
- Filing the lawsuit: Next, your attorney will file your Erb’s palsy lawsuit in the proper court before any legal deadlines.
- Negotiations: Your lawyer will try to negotiate a settlement with the negligent health care providers named in the lawsuit. They will fight for enough compensation to cover your child’s lifelong care.
- Trial: If a settlement can’t be reached, your lawyer will represent you in court. A judge and jury will hear evidence from both sides and determine how much compensation (if any) you will receive.
Thankfully, most Erb’s palsy claims settle before they go to trial.
Settling a medical malpractice lawsuit is less risky and time-consuming than going to trial as there’s no way to predict whether a jury will rule in your favor.
Additionally, settlements provide families with quicker access to much-needed compensation. That means parents can get their child the help they need as soon as possible.
How Erb’s Palsy Lawsuit Settlements Help Families
Compensation from a settlement can be used to help pay for Erb’s palsy treatments that can allow a child to live their best possible life.
Parents can use settlement money to help cover:
- Botox® injections
- 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
Compensation from Erb’s palsy lawsuit settlements can help parents obtain timely medical treatment for their child.
What Is the Erb’s Palsy Statute of Limitations?
The Erb’s palsy statute of limitations is the amount of time that 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 an Erb’s palsy lawsuit and pursue a settlement. However, in some states, this deadline is as short as 1 year.
The best way to ensure that your lawsuit is filed in time is to contact an Erb’s palsy law firm as soon as possible.
If you wait too long, you won’t be able to take legal action and seek an Erb’s palsy lawsuit settlement.
Get Help With an Erb’s Palsy Settlement
LawFirm.com works with Erb’s palsy lawyers who have helped families across the country obtain compensation and justice for medical malpractice.
The birth injury attorneys in our network have recovered more than $862 million in compensation for families affected by Erb’s palsy and other birth injuries.
They can help clients in all 50 states, and they never charge any upfront or out-of-pocket fees.
See if you are eligible to pursue Erb’s palsy settlement money — get a free case review now.
Erb’s Palsy Lawsuit Settlements FAQs
Is Erb’s palsy considered a disability?
In some cases, Erb’s palsy (brachial plexus palsy) is considered a disability. It depends on the severity of the injury and resulting nerve damage.
What is the average settlement for a brachial plexus injury?
The average settlement for a birth injury is more than $1 million in 2023.
This is based on a 2019 study that looked at birth injury medical malpractice claims over a 9-year period and tracked the resulting settlements and verdicts.
Am I eligible for an Erb’s palsy settlement?
Possibly. Parents of children who developed Erb’s palsy as a result of birth injury malpractice by an obstetrician or other health care provider may be able to file a lawsuit and pursue a settlement.
How much does it cost to seek an Erb’s palsy settlement?
It depends on the lawyer handling the case. Some lawyers charge hourly fees and require parents to pay a retainer (a sum of money paid in advance before they do any work).
However, the Erb’s palsy lawyers that LawFirm.com works with take birth injury cases on a contingency fee basis. This means that they do not charge any fees in advance. Instead, they get paid by taking a small percentage of any settlement money they recover for you.
How do I find a lawyer to help with an Erb’s Palsy settlement?
LawFirm.com can connect you with a top Erb’s palsy attorney near you. The lawyers in our network have many years of experience handling Erb’s palsy lawsuit settlements and recovering maximum compensation for families around the country.
Contact one of our Erb’s palsy case managers right now at (888) 726-9160.