What Erb's Palsy Is and Why It Happens
Erb's palsy is a form of brachial plexus injury, meaning damage to the network of nerves that control movement and sensation in the arm and hand, occurring in a newborn during a difficult delivery. It most commonly results from a complication called shoulder dystocia, where the baby shoulder becomes stuck behind the mother pelvic bone during birth, and the condition is sometimes associated with excessive pulling or twisting force applied to the baby head and neck during delivery to resolve that complication.
Not every case of Erb's palsy results from medical negligence, since some brachial plexus injuries can occur even with appropriate medical care, particularly in difficult or unpredictable deliveries. A viable malpractice claim generally requires showing that a healthcare provider deviated from the accepted standard of care, for example by using excessive force, failing to recognize and appropriately manage shoulder dystocia, or failing to consider a cesarean delivery when clearly indicated, and that this deviation caused the injury.
What Actually Determines Settlement Value
The single biggest factor in valuing an Erb's palsy claim is whether the nerve damage is temporary or permanent. Many cases of Erb's palsy improve significantly or resolve within the first year of life with appropriate physical therapy, which generally results in a lower valuation than cases involving permanent nerve damage requiring ongoing therapy, surgery, or resulting in lasting loss of function in the arm or hand.
Other significant factors include the strength of the evidence that negligence, rather than an unavoidable complication, caused the injury, the child projected future medical and therapy costs, potential future lost earning capacity if the injury affects the child ability to work as an adult, and the specific state damage caps that may apply to non-economic damages like pain and suffering in a medical malpractice case.
Why These Cases Often Take Time to Resolve
Because the ultimate severity of an Erb's palsy injury often only becomes clear after a period of treatment and observation, sometimes a year or more, attorneys handling these cases frequently wait until the child prognosis is reasonably clear before pursuing a settlement, since settling too early risks undervaluing a case that turns out to involve permanent damage. This is similar to the general principle in personal injury cases of waiting for maximum medical improvement before valuing a claim, but is especially pronounced in birth injury cases given how much a young child nervous system can still develop and heal.
Given the complexity of proving medical negligence in a birth injury context, along with the state-specific damage caps and filing deadlines that can apply, a prompt individual case evaluation with an attorney experienced specifically in birth injury litigation is the practical first step for any family considering a claim.
How to Get Legal Help
If your child was diagnosed with Erb's palsy or another brachial plexus injury after a difficult delivery, request complete copies of the labor and delivery medical records as soon as possible, including fetal monitoring strips and delivery notes, since these records are central to determining whether the injury resulted from medical negligence. Most states also require an early expert review before a malpractice claim can be filed, so consulting an attorney experienced in birth injury cases promptly is important.
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Erb's Palsy Lawsuit Settlements: What Actually Affects the Value: Frequently Asked Questions
Answers to the most common questions about this case and your legal options.
What is a typical Erb's palsy settlement amount?
There is no reliable typical figure, since amounts vary enormously based on whether the nerve damage is temporary or permanent, the strength of the negligence evidence, and state damage caps, so general average figures should be treated with caution.
Does every case of Erb's palsy mean malpractice occurred?
No. Some brachial plexus injuries occur even with appropriate medical care during a difficult or unpredictable delivery. A viable claim generally requires showing a provider deviated from the accepted standard of care and that this deviation caused the injury.
Why does it matter if the injury is temporary or permanent?
Because permanent nerve damage generally involves far greater future medical costs, ongoing therapy or surgery needs, and potential lost future earning capacity, all of which significantly increase a case value compared to an injury that resolves with treatment.
Why do these cases sometimes take a long time to settle?
Because the true severity of the injury often only becomes clear after a period of treatment and observation, sometimes a year or more, and settling too early risks undervaluing a case that turns out to involve permanent damage.
What should I do if my child was diagnosed with Erb's palsy?
Request complete labor and delivery medical records as soon as possible and consult an attorney experienced in birth injury cases promptly, since most states require an early expert review before a malpractice claim can be filed.