Erb’s Palsy Lawsuit

An Erb’s palsy lawsuit may allow your family to get compensation if your baby suffered neck or shoulder damage during birth because of medical negligence or malpractice. Erb’s palsy lawsuit settlements may help cover medical expenses like therapy, surgery, and other costs.

Find out if a birth injury attorney with Sokolove Law can help your family by calling (800) 995-1212 for a free legal case review.

Get a Free Erb’s Palsy Case Review

Erb’s Palsy Medical Malpractice and Negligence

Medical malpractice or negligence happens when a doctor or other medical professional does something wrong or fails to take action, and it causes harm.

baby in hospital setting with motherDuring a difficult delivery, a doctor can make a mistake that injures the brachial plexus nerves in a baby's shoulders and neck. This leads to Erb's palsy, which can make it hard for your child to use their hurt arm.

Erb’s palsy malpractice can happen during delivery when a medical professional or doctor:

  • Fails to order a C-section during a complicated delivery, which can prevent the nerve damage from occurring
  • Forcefully pulls the baby’s head from the mother’s birth canal, which can stretch the nerves in the baby’s neck and cause to severe arm weakness or paralysis
  • Misuses forceps or vacuum extractors when trying to free the baby from the womb

Even if you’re not certain whether medical negligence is to blame or your child hasn’t received an official diagnosis yet, Sokolove Law may still be able to help.

Sokolove Law has registered nurses on staff who can listen to your story and help you understand what may have happened.

Our nurses can answer any questions you may have and help you determine if a medical error may have contributed to your baby’s injury.

Speak with a Registered Nurse
  • Determine if malpractice took place
  • Find out about treatment options
  • See if you qualify for compensation
Talk to a Nurse
Beth Carter, RN20+ Years' ExperienceLegal Nurse
Consultant Certified

Can You Sue for Erb’s Palsy?

You may be eligible to file an Erb’s palsy lawsuit if:

  • Your child has Erb’s palsy or brachial plexus palsy
  • Their condition was caused by an injury before, during, or after delivery
  • A medical professional played a role in your child’s injury

Even if your child hasn't received an official diagnosis yet, you may still be able to file an Erb’s palsy lawsuit. Our nurses will work to determine if malpractice could be to blame for your child’s injury.

Your child should not have to suffer because of someone else’s mistake. Let us try to find out what happened — and work to get you results.

There are no hourly fees or upfront costs to work with our Erb’s palsy attorneys. We only get paid if you receive money from your case.

Call Sokolove Law now at (800) 995-1212 for free help determining your eligibility.

Our Past Erb’s Palsy Lawsuit Settlements

As of June 2024, Sokolove Law has recovered over $917 Million on behalf of clients whose children have suffered preventable birth injuries like Erb’s palsy.

A few of our many past Erb’s palsy settlements and verdicts include:

  • $5 Million for a family in Connecticut
  • $4.5 Million for an Illinois family
  • $2.75 Million for a family in Pennsylvania
  • $2 Million for a North Carolina family
  • $1.99 Million for a family in New York
  • $1.57 Million for a Maryland family
  • $1.2 Million for a family in Florida
  • $1 Million for a New Jersey family

In any case, the Erb’s palsy lawsuit settlement amount varies according to the unique details of that claim.

While there’s no guarantee of compensation, we’ll fight hard to get you everything you’re entitled to.

Get the Help Your Child Deserves

If you have a case, our Erb's palsy lawyers can fight for the compensation your family deserves.

Get a Free Case Review

How to File Erb’s Palsy Compensation Claims

Choosing a birth injury law firm that’s experienced with this unique type of case can make the process of filing an Erb’s palsy lawsuit easier for you and your family during this difficult time.

When you work with Sokolove Law, our Erb’s palsy lawyers can:

  • Determine if you’re able to file an Erb’s palsy claim
  • Gather your medical records and any evidence necessary to build your case
  • Consult with medical experts and witnesses for testimony
  • File your Erb’s palsy claim with any legal deadlines
  • Negotiate an Erb’s palsy settlement without going to court
  • Present your case before a jury if an Erb’s palsy settlement isn’t reached

Call (800) 995-1212 now to see if we may be able to help with your Erb’s palsy claim.

“My baby had to stay in the NICU. Now, she is almost 3 and isn’t developing like other kids. Sokolove Law helped us fight for justice and get the money we needed to give our child special care and treatments. I can’t thank Sokolove Law enough."
– Mother in Massachusetts & Firm Client

Erb’s Palsy Statute of Limitations

You only have a limited amount of time to file an Erb’s palsy lawsuit, which is known as the statute of limitations. The Erb’s palsy statute of limitations differs depending on the state you live in but can be as little as 1 year after the injury.

If you miss this deadline, you won’t be able to take legal action for your child’s injury again.

Don’t wait and miss out on money your child needs. Talk to a birth injury lawyer today to get started.

Sokolove Law: Filing Erb’s Palsy Claims in All 50 States

At Sokolove Law, our birth injury lawyers have decades of experience helping families whose children were harmed due to medical negligence or malpractice — including many affected by Erb’s palsy.

Why choose Sokolove Law for your Erb’s palsy lawsuit?

  • 45+ years of experience fighting on behalf of our clients
  • Over $917 Million secured from birth injury lawsuits
  • Nationwide availability, with offices and attorneys across the country
  • Registered nurses on staff who can help you understand your child’s injury
  • No hourly costs or upfront fees — we only get paid if your case is successful

For decades, we’ve fought to hold negligent health care providers and hospitals accountable for the injuries they’ve caused countless families.

Find out if you may be eligible to pursue compensation from an Erb’s palsy lawsuit.

Erb’s Palsy Malpractice Lawsuit FAQs

Who can file an Erb’s palsy lawsuit?

You may be eligible to file an Erb’s palsy lawsuit if your child suffered a brachial plexus injury that was the result of a medical mistake before, during, or immediately after delivery.

As a national birth injury law firm, Sokolove Law has registered nurses on staff who may help determine if medical negligence or malpractice was a possible factor for your child’s Erb’s palsy.

Why file an Erb’s palsy lawsuit?

By filing an Erb’s palsy claim, you may be able to:

  • Hold the medical staff responsible for your child’s injury accountable
  • Potentially prevent other families from going through the same thing
  • Recover compensation that can help improve your child’s health and quality of life

Your child may need physical therapy, assistive devices, or even surgery to manage their condition, and an Erb’s palsy lawsuit may provide the compensation needed to cover the costs of treatment.

Call (800) 995-1212 now to learn more about your options — for free.

How long do you have to file an Erb’s palsy compensation claim?

Unfortunately, you only have a limited amount of time to file an Erb’s palsy compensation claim, due to state deadlines known as the statute of limitations.

When this deadline passes, you can no longer take legal action. That’s why it’s important to contact Erb’s palsy attorneys as soon as possible if you think your child may have suffered an injury at birth.

What determines an Erb’s palsy lawsuit settlement amount?

An Erb’s palsy lawsuit settlement amount is affected by multiple factors in each case, which can include the:

  • Child’s medical costs
  • Medical expenses not covered by insurance
  • Severity of their birth injury
  • Amount of evidence that supports the case

Founded in 1979, Sokolove Law has decades of experience finding the evidence needed to prove complex Erb’s palsy malpractice cases.

Get a free case review now to see if your child may qualify for Erb’s palsy compensation.

What is the average settlement for brachial plexus injury cases?

Because cases can vary greatly, it’s difficult to determine the average brachial plexus settlement amount.

That said, these kinds of claims often award anywhere from hundreds of thousands of dollars to several million dollars.

Some of our past brachial plexus injury lawsuit settlements include:

  • $2.85 Million for a family in Connecticut
  • $1.8 Million for a Texas family
  • $1.58 Million for a family in New York
  • $1.25 Million for an Illinois family
  • $1 Million for a family in New Jersey
  • $975,000 for a Florida family
  • $944,000 for a family in South Carolina

Let us get you the money you deserve. Call (800) 995-1212 now. There are no hourly fees or out-of-pocket costs. Our team only gets paid if you do.

Is Erb’s palsy preventable?

Sadly, there are many instances when Erb’s palsy could have been prevented. For example, the injury may have been avoidable in instances when:

  • It was known before delivery that the baby would be larger, but the doctor failed to perform a C-section — which would have prevented nerve damage from occurring
  • The baby’s shoulders become stuck in the birth canal (shoulder dystocia) and the delivery doctor improperly uses forceps or vacuum extractors to pull the child from the birth canal

If medical negligence played a role in your child’s birth injury, you may be eligible to file an Erb’s palsy lawsuit. Find out if you qualify now.