Questions?What Is an Erb’s Palsy Lawsuit?
An Erb’s palsy lawsuit allows families to pursue financial compensation when medical negligence during childbirth caused their child’s condition.
Health care providers must ensure the safe delivery of babies, but improper care can lead to birth injuries like brachial plexus damage.
Most children with Erb’s palsy recover fully with treatment, but the costs can add up quickly. Medical expenses and missed work for parents who need to care for their child can become overwhelming.
If your child’s Erb’s palsy was caused by a medical mistake during the delivery process, your family may be able to seek compensation through an Erb’s palsy lawsuit.
Around 20,000 medical malpractice lawsuits are filed annually in the U.S., with many involving brachial plexus injuries at birth.
The Birth Injury Justice Center is committed to helping families affected by preventable birth injuries like Erb’s palsy.
We partner with a network of experienced birth injury lawyers who can help families file Erb’s palsy lawsuits in all 50 states.
Our legal partners have secured over $962 million in birth injury lawsuit compensation for families like yours.
Find out if we can help your family — get your free case review right now.
Recent Erb’s Palsy Lawsuit Settlements
Erb’s palsy lawsuit settlements and verdicts can vary depending on the details of each case and the child’s expected medical expenses.
However, when a child suffers from a serious brachial plexus injury caused by medical negligence, families often receive over a million dollars.
Most Erb’s palsy lawsuits are resolved through out-of-court settlements, which allow families to receive compensation without the lengthy trial process.
- $5 million for a Connecticut family
- $1.99 million to a New York family
- $1.8 million for a family in Texas
- $1.62 million to a Connecticut family
- $1.25 million for a family in Illinois
- $1.17 million for a New Jersey family
- $1.2 million for a family in Florida
- $1.57 million to a family in Maryland
- $2 million for a family in North Carolina
- $2.75 million to a Pennsylvania family
- $4.5 million to a family in Illinois
An experienced birth injury lawyer can help you understand your potential Erb’s palsy lawsuit settlement amount. Then, they will work tirelessly to secure the maximum Erb’s palsy settlement for your family.
Call us right now at (800) 914-1562 or Click to Live Chat to find out if we can connect you with a top Erb’s palsy lawyer near you.
Erb’s Palsy and Medical Malpractice
Erb’s palsy causes are usually related to excessive pulling or stretching when delivering a newborn, damaging the baby’s brachial plexus nerves.
Therefore, Erb’s palsy medical malpractice often plays a role in brachial plexus injuries.
- Applying excessive force on the baby’s head and neck during delivery
- Delaying or not performing a necessary C-section (cesarean section)
- Mismanaging shoulder dystocia (a baby’s shoulders get stuck behind the pelvis)
- Misusing assistive devices like forceps or vacuum extractors
If you think your child’s condition might be related to medical negligence, our labor and delivery nurses are available to help you talk through your concerns and understand your options.
Connect with a registered nurse right now.
Beth has more than 18 years of specialized experience in labor and delivery. She’s available to hear your story and help you figure out the cause of your child’s injury — and what you can do next.
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Who Can File an Erb’s Palsy Lawsuit?
Families of children harmed at birth may be able to pursue brachial plexus injury lawsuit settlements if medical negligence contributed to their child’s condition.
Those who might qualify for Erb’s palsy compensation include:
- Parents: The child’s primary caregivers who have been directly affected
- Legal guardians: Individuals with legal responsibility for the child
Erb’s palsy is often diagnosed shortly after birth, particularly when shoulder dystocia or other delivery complications occur. However, the full impact, such as arm weakness or paralysis, may become more evident as your child grows.
Remember, you don’t need an official diagnosis to pursue compensation.
Get a free legal case review today to find out whether you may qualify to file an Erb’s palsy lawsuit.
Why Should I File an Erb’s Palsy Lawsuit?
People may file a brachial plexus lawsuit due to the needless suffering the condition can bring to a child. Erb’s palsy lawsuits can give families a sense of closure and justice by holding negligent medical professionals accountable for their carelessness.
Compensation from brachial plexus lawsuits also helps families cover the costs of Erb’s palsy treatment. Children with disabilities have much higher health care costs and out-of-pocket expenses that parents may not be financially prepared for.
40%
of families of children with special health care needs experience a financial burden due to their child’s condition.
National Institutes of Health
Unfortunately, studies from the National Institutes of Health suggest that low-income families are often hit the hardest by the cost of caring for a child with disabilities.
Filing a brachial plexus lawsuit can provide financial relief to families who need it most.
Steps to Filing an Erb’s Palsy Lawsuit
Although every case differs, most Erb’s palsy lawsuits follow a similar process. Learn more about the steps below.
First, you’ll need to determine if you have a case. The best way to do this is by getting a free consultation from an experienced Erb’s palsy lawyer.
The Birth Injury Justice Center works with a network of top birth injury attorneys who can help families in all 50 states.
Find out if we can connect you with a skilled lawyer near you with a free legal case evaluation.
Your Erb’s palsy attorney will handle the entire process of gathering evidence to prove that medical negligence caused or contributed to your child’s brachial plexus injury.
- Birth records documenting the labor and delivery process
- Diagnostic tests showing nerve damage or brachial plexus injuries
- Maternal medical records, including pregnancy complications and risk factors
- Medical expert reports linking the brachial plexus injury to negligence
- Witness statements from those present during the delivery
Your attorney will work to build a strong case, identifying all of the health care providers who may be to blame for your child’s brachial plexus injury.
Filing Erb’s palsy lawsuits involves submitting a formal complaint against the responsible medical professionals or hospital.
Your attorney will handle all the paperwork, ensuring your brachial plexus claim is filed correctly and within the required time limits. Meanwhile, you can focus on helping your child recover.
After filing the Erb’s palsy lawsuit, your attorney will negotiate with the at-fault party with the goal of reaching an Erb’s palsy settlement without going to trial.
Your lawyer will advocate for your family’s best interests, using the evidence gathered to push for enough money to cover your child’s lifelong care needs.
If a settlement cannot be reached, your attorney will take your Erb’s palsy lawsuit to court. This step involves presenting your evidence and arguments before a judge and jury.
Your Erb’s palsy attorney will manage the entire trial process, fighting to secure the compensation your child deserves.
Start the process right now with your free case review.
Erb’s Palsy Lawsuit Timeline
An Erb’s palsy lawsuit can take several months to over a year. The duration depends on several key factors.
After a complaint is filed, the lawsuit moves into the discovery phase, where both parties exchange information and build their cases.
Depending on the specifics of the case, the lawsuit may then proceed to settlement negotiations or, if necessary, go to trial.
In many cases, reaching a settlement can shorten the timeline significantly, allowing families to receive compensation more quickly.
However, if the case goes to trial, it may extend the legal process due to the time required for court proceedings and possible appeals.
Statutes of Limitations for Erb’s Palsy Lawsuits
The statute of limitations is the legal deadline for filing an Erb’s palsy lawsuit, and it varies by state. Generally, these time limits are set between 2 to 3 years from the date of the injury or when the injury was first discovered.
Missing this deadline can prevent families from pursuing compensation for their child’s condition.
Because the laws differ from state to state, it’s crucial to consult with an experienced Erb’s palsy lawyer as soon as possible to ensure your case is filed within the appropriate time frame.
Acting promptly can make a significant difference in securing justice for your child.
File Your Erb’s Palsy Lawsuit Today
Negligent care by doctors, nurses, and other medical professionals during childbirth can cause your child to develop permanent nerve damage.
Caring for a child with a brachial plexus injury can create a tremendous financial strain that most families could never have planned for.
Brachial plexus cases are complex. Therefore, working with a skilled personal injury lawyer with experience in birth injury cases is important.
Our partner law firms can help families file birth injury lawsuits in all 50 states.
Together, our legal network has recovered over $962 million for birth injuries, including Erb’s palsy.
Call the Birth Injury Justice Center at (800) 914-1562 right now or get a free case review to find out if we can help you get the justice you deserve.
Erb’s Palsy Lawsuit FAQs
What is Erbs palsy compensation from lawsuits?
Erbs palsy lawsuit compensation refers to the financial payment awarded to families whose child developed Erbs palsy due to medical negligence during birth.
This compensation can cover medical expenses, ongoing care, and other related costs.
What factors may determine your Erb’s palsy lawsuit value?
Several factors may affect your brachial plexus palsy case value. A case value can give insight into how much financial compensation you may receive.
Factors that may affect an Erb’s palsy case value include:
- Clear evidence of medical mistakes
- Cost of past and future treatment
- The severity of the injury
If your child suffered from a brachial plexus injury, the Birth Injury Justice Center may be able to connect you with a skilled Erb’s palsy lawyer who can fight for maximum compensation for your family.
Call us right now at (800) 914-1562.
How much does it cost to file an Erb’s palsy lawsuit?
Erb’s palsy malpractice cases are usually handled under a contingency fee agreement. This means you do not pay your legal team any upfront or hourly fees unless you are awarded financial compensation.
It is critical to talk with your lawyer about any legal fees that will be involved since not every lawyer works on a contingency fee basis.
The attorneys in our network never charge upfront fees. Find out if we can connect you with a skilled Erb’s palsy lawyer by filling out this form for a free case review.
Do people usually win Erb's palsy lawsuits?
Yes, people often win Erbs palsy lawsuits if they can prove that medical negligence caused their child’s injury.
To win, your legal team must demonstrate that the medical professionals responsible for your care failed to uphold the standard of care during pregnancy or delivery.
This failure, or breach of care, must be directly linked to your child’s brachial plexus injury, like delaying a necessary cesarean section or not responding quickly to signs of distress in the newborn.
Working with an experienced birth injury lawyer is often the best way to increase the chances of winning Erbs palsy lawsuits. Call us right now at (800) 914-1562 to see if we can connect you.
