Erb's Palsy Compensation

Legal Basis for Compensation 

As noted, Erb’s palsy, an injury to the brachial plexus nerves—a network of nerves around the shoulder—can result from several types of medical errors during childbirth, including: 

• Excessive Force: Shoulder dystocia occurs during delivery when a baby’s head delivers, but the shoulder becomes stuck behind the mother’s pubic bone. Pulling too hard on an infant’s head so the shoulders pass through the birth canal can damage the brachial plexus nerves, leading to Erb’s palsy.  

• Misuse of Delivery Tools: Misusing forceps or vacuum extractors can lead to Erb’s palsy. If used incorrectly or unnecessarily during a difficult delivery, these tools can put too much pressure on the infant or stretch their nerves. 

• Feet-First Delivery: In a breech delivery, pulling on the infant’s feet can result in nerve damage because the baby’s arms are stretched over their head as the doctor pulls their feet out, which can put stress on the brachial plexus. 

In an Erb’s palsy compensation claim, you will need to prove that the healthcare providers(s) failed to meet the accepted standard of care, and that this failure directly led to your child’s Erb’s palsy. It will require compelling evidence, including medical records, expert testimony, and detailed documentation of the circumstances surrounding the birth. 

Severity and Types of Erb’s Palsy  

The severity of a birth injury can greatly affect the amount of compensation recoverable by the plaintiff. This is due to the increased care costs, including ongoing medical treatment, therapies, potential lost wages of the caretaker, and the child’s future earning potential.   

There are several types of Erb’s palsy, each with varying levels of severity and required medical care: 

• Neurapraxia: This is the mildest form of Erb’s palsy, in which the nerve is stretched but not torn. Most babies will need physical therapy, such as stretching and massage. 

• Neuroma: It involves the formation of scar tissue around the damaged nerve, which can affect its function. In the early clinical stage, the neuroma is mainly treated by surgical resection but can easily recur. 

• Rupture: A nerve rupture is a more severe form of Erb’s palsy where the nerve is torn but not completely detached from the spine. This is a severe injury that won’t heal on its own. Treatment may include a nerve graft, such as splicing a damaged nerve with a healthy nerve from another part of the body. 

• Avulsion: The most severe form of Erb’s palsy is when the nerve is torn from the spinal cord. Nerve transfers are most helpful and may be used to speed up muscle recovery. 

Erb’s palsy can cause significant physical and psychological suffering. The damage can be permanent, and lifelong care may be necessary.  

Compensation and Damages 

A successful medical malpractice claim for Erb’s palsy may include economic and non-economic damages. Economic damages are the hard costs easily verifiable by receipts, bills, and invoices, such as:  

• Costs associated with surgeries, hospital stays, medications, and ongoing medical care. 
• Expenses for physical therapy, occupational therapy, and other rehabilitation services. 
• Necessary adjustments to your home, such as ramps and specialized equipment, to accommodate your child’s needs. 
• Lost wages if a parent has to quit their job to stay home and care for their child. 

Non-economic damages are the soft costs that are more subjective and can refer to physical pain, emotional suffering, or psychological distress, including anxiety, depression, and loss of quality of life. 

How Much Compensation is Available? 

The amount of compensation can vary depending on the severity of the injury and its impact on the child’s life. In New York, there is no cap on damages for medical malpractice claims. While no amount can be promised, it is not uncommon for successful birth injury settlements to total around $1 million.  

Led by Thomas P. Giuffra, our team has secured substantial compensation for families dealing with birth injuries. Our recent birth injury case results include:  

• $12 million settlement for a child suffering brain damage at birth. 
• $7 million settlement for an infant with a neurological injury from a negligent birth delivery. 
• $2.1 million medical malpractice settlement for a premature infant whose doctor failed to properly manage them, resulting in mild brain damage. 
• $1 million settlement for an infant who has limited use of her right arm due to an improperly handled birth resulting in the development of Erb’s palsy.  

Each case is unique, and the ultimate amount of a successful case reflects the specific circumstances and needs of the injured child and their family. Working with an experienced Erb’s palsy lawyer at our firm ensures that all relevant factors are thoroughly considered to secure the maximum possible compensation.  

How We Can Help  

At Rheingold, Giuffra, Ruffo, Plotkin & Hellman LLP, our attorneys are highly experienced, with a history of record-setting cases. Erb’s palsy compensation claims are complex and demand thorough research and investigation.  

We hire medical and financial experts to testify about the causes and the short and long-term costs of treatment and care. Medical experts testify about the standard of care during delivery and how your doctor breached that standard. Financial experts can determine the lifetime costs of your child’s particular level of injury. 

Contact Us for a Free Consultation 

If you suspect your infant’s Erb’s palsy is directly linked to medical malpractice, you need a dedicated New York birth injury attorney. Schedule a free, no-obligation consultation. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries.