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What Is an Erb’s Palsy Lawsuit Settlement?
An Erb’s palsy settlement occurs when a person who has filed a lawsuit (known as the plaintiff) agrees to withdraw their legal complaint in exchange for a sum of money from the party or parties they accused of negligence (the defendant). This out-of-court settlement usually 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 sides.
Who Qualifies for Erb’s Palsy Settlements?
If a child’s Erb’s palsy was the result of medical malpractice or negligence, their parents may qualify for Erb’s palsy settlements. This negligence may have occurred before, during, or shortly after the child’s birth.
If you’re unsure if you qualify, you should speak with an Erb’s palsy lawyer. The Erb’s palsy law firms in our network have registered nurses on staff who can listen to your story and help figure out what happened to your baby.
Is Erb’s Palsy Medical Malpractice?
Erb’s palsy can have many causes, including medical malpractice. When a doctor, nurse, or other health care professional fails to uphold the standard of care, an infant can suffer an injury and develop Erb’s palsy.
Examples of Erb’s palsy malpractice include the following:
- Failure to monitor the mother and/or child before and during the birth
- Improper use of forceps, vacuum extractors, or other instruments during delivery
- Medication errors such as giving an improper dosage or the wrong medication
- Not ordering a cesarean section (C-section) for a difficult delivery
- Not recognizing the signs of fetal distress
- Pulling too hard on the baby’s head, neck, or shoulders
- Untreated infections, preeclampsia, or other conditions (e.g., gestational diabetes)
In the instances above, the parents may be entitled to compensation through an Erb’s palsy settlement or jury award.
What Kind of Erb’s Palsy Compensation Is Available?
The money secured through an Erb’s palsy settlement can be used for anything the parents see fit. That said, Erb’s palsy case values are often calculated by taking many factors into account.
Factors that affect Erb’s palsy compensation include:
- The cost of adaptive clothing or equipment
- The cost of mobility aids
- The cost of physical and/or occupational therapy
- Medical expenses, including hospital stays, medication, and surgery
- Pain and suffering
- Punitive damages (to discourage future negligence)
- Travel expenses
The purpose of Erb’s palsy compensation is to reimburse families for the damages listed above and any other costs incurred due to medical negligence.
What’s the Average Erb’s Palsy Lawsuit Settlement Amount?
According to a 2019 study by The Doctors Group, the average payout for a birth injury lawsuit was $936,843.
Please note, though, that this amount included lawsuits filed over other conditions (such as cerebral palsy) and verdicts and settlements.
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
If you’re wondering how much your Erb’s palsy lawsuit might be worth, you should speak with an Erb’s palsy attorney who can help determine your potential case value.
How Much Are Erb’s Palsy Case Verdicts?
While each case is different, some Erb’s palsy verdicts have been worth millions of dollars. However, many factors can affect an Erb’s palsy verdict’s value, such as the severity of the injury, the extent of the related costs, and the strength of the evidence.
A judge and jury will hear the evidence your legal team and the defendants’ legal team present and determine how much compensation (if any) you will receive.
Over 90% of birth injury cases are settled before trial. Settling a medical malpractice lawsuit is less risky and time-consuming than going to trial, where there’s no way to predict whether a judge and jury will rule in your favor. You could recover more money through an Erb’s palsy verdict — or nothing.
That’s why it usually makes more sense to resolve the case through a settlement that offers the compensation you need and deserve.
What Is the Erb’s Palsy Statute of Limitations?
Birth injury lawsuit statute limitations vary greatly depending on the state where the case is filed, ranging from as little as one year to as many as 10. That’s one of the reasons it’s so important to work with an Erb’s palsy attorney who can guarantee your claim is filed in time.
We have a nationwide network of experienced Erb’s palsy law firms that may be able to help. Reach out today for a free, no-obligation legal consultation.
How Can I Pursue an Erb’s Palsy Compensation Claim?
If you think your child’s Erb’s palsy may have been caused by medical negligence, you should speak with an Erb’s palsy lawyer who may be able to help you recover money.
Be sure to look for a law firm with:
- No upfront or out-of-pocket fees
- Registered nurses on staff
- A track record of success
- Years of experience filing these cases
The Erb’s palsy law firms in our network have all the above. We work with firms across the country, so we may be able to help no matter where you live.
Contact us today to see if you qualify for Erb’s palsy compensation.