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Can You Sue for an Erb’s Palsy Birth Injury?

A woman screaming in pain from strong contractions. Childbirth.

When doctors and other medical professionals fail to follow standards of care during birth, the consequences can affect the baby for the rest of his or her life. One of the most common permanent injuries that can occur during birth is Erb’s palsy.

If your child was diagnosed with Erb’s palsy following a difficult or complicated birth, you may have legal recourse. We can help. Contact The Lancione Law Firm today for a free, confidential consultation.

What is Erb’s palsy?

Erb’s palsy, also known as Erb-Duchenne paralysis, is a neurological injury to the brachial plexus, which is a group of nerves that connect the spine to the arm and hand. Damage to those nerves can affect the ability to feel and move the shoulder, arms, and hands.

During a vaginal birth, and sometimes even during a cesarean section, it is often necessary to move the baby’s head to the side in order to make room for the delivery of the shoulders, often because the shoulders get stuck (shoulder dystocia). Doctors need to exercise caution during this step in order to avoid too much stretching of the nerves in the brachial plexus. If too much strain is put on the nerves, they can be damaged or torn, causing a permanent injury.

As a birth injury, Erb’s palsy is also known as a brachial plexus birth palsy, obstetric brachial plexus palsy, or brachial plexus birth injury.

A related condition called Klumpke palsy occurs when the lower portion of the brachial plexus is injured, which affects the hand, wrist, and forearm. Klumpke palsy can cause a “claw hand” appearance where the fingers and wrists tighten into a claw-like shape.

Risk factors for Erb’s palsy

As a birth injury, Erb’s palsy usually occurs during a difficult labor and delivery, so anything that increases the risk of a difficult delivery can increase the risk of injury. Key risk factors include:

  • High birth weight (macrosomia)
  • Abnormal pelvic shape
  • Prolonged delivery
  • Maternal diabetes – whether it was there before pregnancy or developed during pregnancy (gestational diabetes)
  • Breech delivery

Again, Erb’s palsy is preventable if doctors take appropriate steps to reduce or address these risks. That means properly diagnosing risk factors during prenatal care and making a plan to deliver the baby safely. It also means making safe, effective medical decisions during the delivery itself to minimize the risk to both mother and baby.

Our law firm gets results for children with Erb’s palsy and their families

The long-term cost of a permanent brachial plexus injury can be significant. Erb’s palsy can require multiple surgeries, medication, physical therapy, and other ongoing care to manage. There is also a significant effect on the child’s long-term quality of life that comes from having permanent loss of use of an arm. If your child was harmed, they deserve fair and reasonable compensation for those costs to maximize their quality of life.

The Lancione Law Firm has a winning track record of results for victims of Erb’s palsy, including a $1.1 million recovery for a baby who developed Erb’s palsy and a separate $1 million recovery for a baby boy with Erb’s palsy and Klumpke’s palsy. If your child sustained a brachial plexus injury during birth, give us a call or contact us online for a free, confidential consultation.

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