Filing an Erb’s Palsy Lawsuit in 2025
Erb’s palsy is often caused by a preventable medical error made before, during, or shortly after childbirth, which may be considered malpractice.
Medical malpractice or negligence happens when a doctor or other health care professional does something wrong or fails to take action, and it causes harm.
By filing an Erb’s palsy lawsuit, 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
- Secure 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 settlement can be used to help cover the costs of treatment.
Birth injury malpractice settlements can range from hundreds of thousands to millions of dollars in some cases.
At Sokolove Law, there are no upfront costs or hourly fees to work with our Erb’s palsy lawsuit attorneys. We’ll handle every step of the legal process for you, so you can focus on caring for your child.
Why Can You Sue for Erb’s Palsy?
During a difficult delivery, a doctor can make a mistake that injures the brachial plexus nerves in a baby's shoulders and neck. This may lead to Erb's palsy, which can make it hard for your child to use their hurt arm.
Health care providers have a duty to provide a certain standard of care to their patients. However, if they don't meet this standard, it may be considered medical malpractice — something you can hold them accountable for.
Erb’s palsy malpractice can happen when a medical professional:
- Fails to order a C-section during a complicated delivery, which can prevent 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 severe arm weakness or paralysis
- Misuses forceps or vacuum extractors when trying to free the baby from the womb
Even if you’re not sure whether medical negligence is to blame or your child’s condition, we 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 have and help you determine if a medical error may have played a role in your baby’s injury.
Our Past Erb’s Palsy Lawsuit Settlements
As of May 2025, Sokolove Law has recovered over $1 Billion on behalf of clients whose children have suffered preventable birth injuries like Erb’s palsy.
A few of our past Erb’s palsy settlements and verdicts include:
- $5 Million to a family in Connecticut
- $4.5 Million for an Illinois family
- $2.75 Million to a family in Pennsylvania
- $1.2 Million to a family in Florida
- $1 Million for a New Jersey family
- $1.57 Million to a Maryland family
- $1.99 Million for a family in New York
- $2 Million to a North Carolina family
In any case, Erb’s palsy lawsuit settlement amounts vary based on the unique details of each claim.
While there’s never a guarantee of compensation, we’ll fight hard to get you everything you’re entitled to.
Call (800) 995-1212 now to see if you may qualify for an Erb’s palsy lawsuit settlement. It costs nothing to speak with us.
Who Can File an Erb’s Palsy Claim?
The parents, legal guardians, or estate representatives of a child injured at birth may be able to file an Erb’s palsy claim for compensation.
You may be eligible to file an Erb’s palsy lawsuit if:
- Your child has Erb’s palsy or another brachial plexus injury
- 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.
Get a free case review now to see if our Erb’s palsy lawsuit attorneys can fight for your family.
“My 4-month-old has a brachial plexus injury from birth. The whole situation has been overwhelming. We don’t know what we’d do without Sokolove Law’s support with medical bills and everything. It’s been a huge relief.”
– Michigan Parent & Firm Client
Erb’s Palsy Lawsuit Statute of Limitations
In some states, you have as little as 1 year to file an Erb’s palsy lawsuit due to laws called the statutes of limitations.
Once the deadline in your case passes, you won’t be able to take legal action and pursue compensation for your child’s injury again.
Don’t wait and miss out on money your child needs. Call (800) 995-1212 now to get started.
Erb's palsy, it's generally when one of the arms during birth is not in the proper position. It causes damage to the nerves going into that arm. As a child's birth injury lawyer, we're here to help families who believe at Birth something occurred that shouldn't have that has left their child with an injury. It could also be at any time during the pregnancy that there's been a deviation from the standard of medical care that's acceptable. We work with families to determine what happened. We work closely with our experts who form opinions on that and then we present that evidence to whoever the defendants are in the case, which could be any doctor that provided care. Once we've determined who all those folks are and we've determined, you know, which defendants we want to bring a case against, we will then present the evidence. if you believe your child suffered from a birth injury, don't lose out on the opportunity to bring a claim. Contact Sokolove Law today at 800-647-3434.
How to File an Erb’s Palsy Lawsuit
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.
At Sokolove Law, our Erb’s palsy lawyers strive to make filing a birth injury lawsuit as easy and stress-free as possible by handling the process for you.
This way, you can focus on caring for your child while we fight for compensation on your behalf.
1. Contact Sokolove Law
Our team offers free case reviews to determine if you may be eligible to file an Erb’s palsy lawsuit. During this consultation, we’ll take the time to understand your child's condition and the events surrounding their birth.
Our experienced labor and delivery nurses can ask you questions to help identify if anything could’ve been handled differently during your child’s delivery.
We’ll also share stories of others we’ve helped, address any concerns you may have, and ensure that you feel supported throughout this entire process.
"Your child deserves the best treatments now and in the future. Even if you just think that your child suffered a birth injury, contact us to see if you have a case.”
– Jim Sokolove, Firm Founder (Retired 2013)
2. We'll Gather Evidence of Malpractice
We’ll collect evidence showing your child’s injury may have been caused by malpractice, which can include:
- Medical records related to surgeries, therapies, diagnostic tests, and any notes from the delivery itself
- Testimony from witnesses and staff
- Internal hospital communications
- Opinions from medical experts
Our Erb’s palsy lawsuit attorneys and investigators will work hard to build a strong case on your behalf.
3. We'll File Your Erb's Palsy Claim
Our team will prepare all of the paperwork for your Erb’s palsy claim and file it before any deadlines.
An Erb’s palsy lawsuit may be filed against doctors, other health care workers, or the hospital itself. When seeking justice for your child, we’ll take action against all parties at fault.
Once your claim is filed, we will keep you informed of all developments and work diligently to navigate the legal process on your behalf.
4. Your Family Gets Erb's Palsy Settlements
Erb's palsy compensation claims may award money in one of two ways:
- Erb’s palsy lawsuit settlements: We’ll work to negotiate an out-of-court settlement with the doctor or hospital, which may allow you to receive compensation sooner. The majority of cases we handle end in settlements.
- Erb’s palsy court verdicts: In the rare event that your case doesn’t settle, our Erb’s palsy lawsuit attorneys may try your case in court before a judge and jury, who ultimately decide the outcome of the case in a verdict.
Regardless of how your case resolves, we’ll work hard to get you the most money possible for your child’s injury.
Our Erb’s Palsy Lawsuit Attorneys Can Help in All 50 States
At Sokolove Law, our birth injury law firm can help families nationwide 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 $1 Billion 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 upfront costs or hourly 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.
Call (800) 995-1212 now or fill out our contact form to see if you may be eligible for compensation from an Erb’s palsy lawsuit.
Erb’s Palsy Compensation Claim FAQs
Can you sue for Erb's palsy?
You may be able to sue for Erb’s palsy 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 factor for your child’s Erb’s palsy.
Get a free case review now. Let us try to find out what happened — and work to get you results.
How long do you have to sue for Erb’s palsy?
You typically only have 1 to 3 years to sue for Erb’s palsy due to laws called birth injury statutes of limitations.
If too much time passes, you’ll lose your right to seek justice through an Erb’s palsy claim.
Don’t miss your chance for justice: Call (800) 995-1212 now to see if we can help you file an Erb’s palsy lawsuit for compensation.
What is an Erb's palsy claim?
An Erb’s palsy claim is a type of medical malpractice lawsuit filed against the hospital or health care worker responsible for your child’s injury.
The goal of an Erb’s palsy claim is to secure compensation that can help pay for your child’s care and hold negligent medical professionals accountable.
What is Erb's palsy compensation?
Ranging from hundreds of thousands to millions of dollars, Erb’s palsy compensation claims award money to families whose children were hurt at birth through no fault of their own.
We may be able to file a lawsuit and pursue compensation on your behalf, which can help pay for Erb’s palsy treatments, your child’s pain and suffering, lost wages from missed work, and more.
What is the average settlement for a brachial plexus injury?
Because cases can vary greatly, it’s difficult to determine the average settlement for a brachial plexus injury — but these kinds of claims often award hundreds of thousands to millions of dollars in some cases.
Some of our past brachial plexus injury lawsuit settlements include:
- $2.85 Million for a family in Connecticut
- $1.58 Million for a New York family
- $1.8 Million for a Texas family
- $1 Million for a family in New Jersey
- $1.2 Million to a Florida family
- $1.25 Million for an Illinois family
- $2.75 Million to a family in Pennsylvania
See if you may qualify for a settlement during a free case review. Let us get you the money you deserve.
How are Erb’s palsy lawsuit settlement amounts determined?
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.
Call (800) 995-1212 now to see if your child may be eligible for Erb’s palsy compensation.
Is Erb’s palsy malpractice or negligence?
Sadly, Erb’s palsy can be caused by medical malpractice or negligence if a health care professional’s error results in a child’s injury.
This condition 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
- Excessive force was used on the baby’s head during the delivery process
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.
Can you sue a hospital for Erb’s palsy?
If your child’s Erb’s palsy was caused by medical negligence during childbirth, you may be able to sue the hospital where the injury occurred.
Hospitals have a responsibility to ensure their staff provides appropriate and safe care during delivery by following protocols designed to prevent harm to newborns.
