What Erb's Palsy Is and How It Happens
Erb's palsy is brachial plexus nerve damage during delivery -- most commonly when excessive lateral traction is applied to the baby's head during shoulder dystocia. Proper management requires specific release maneuvers (McRoberts, suprapubic pressure, rotational techniques) rather than excessive pulling. Injuries range from mild weakness to complete arm paralysis.
When Erb's Palsy Constitutes Malpractice
Not all Erb's palsy is malpractice -- some injuries occur despite proper technique. When excessive lateral force beyond standard protocols caused the injury, physician negligence is actionable. Evidence includes medical records, the injury pattern, and expert obstetric testimony on delivery technique.
Settlement Value Ranges
Mild transient cases with full recovery: $50,000-$250,000. Moderate permanent cases with partial arm function: $250,000-$750,000. Severe permanent near-total paralysis requiring multiple surgeries: $750,000-$2M+.
Who Qualifies
Children with Erb's palsy whose condition resulted from improper delivery technique may have malpractice claims. Obtain the complete delivery record, nursing notes, and any surgical records. Consult a birth injury attorney with specific Erb's palsy experience. Related: Vape Lawsuit.
How to Get Legal Help
If you believe you qualify based on the eligibility criteria described above, the next step is a free consultation with an experienced attorney. Most plaintiff-side attorneys handling these cases work on contingency -- meaning you pay nothing unless your case results in a recovery. Bring any relevant documentation including receipts, correspondence, or evidence of the harm you experienced.
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Erb's Palsy Lawsuit Settlement Amounts: Birth Injury Claims Guide: Frequently Asked Questions
Answers to the most common questions about this case and your legal options.
What causes Erb's palsy in delivery?
Excessive lateral traction during shoulder dystocia rather than proper release maneuvers can injure brachial plexus nerves.
How much is an Erb's palsy case worth?
Mild: $50K-$250K. Moderate permanent: $250K-$750K. Severe permanent: $750K-$2M+.
Is all Erb's palsy malpractice?
No -- some occurs despite proper technique. Malpractice requires showing excessive force caused the injury.
What evidence do I need?
Complete delivery records, APGAR scores, nursing documentation of dystocia management, and subsequent neurology evaluations.
Is there a statute of limitations?
Birth injury limitations typically run from the child's 18th birthday in most states. Consult an attorney promptly.