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. An Erb’s palsy lawsuit settlement or verdict may help cover medical expenses like therapy, surgery, and other costs.

Find out how a birth injury attorney with Sokolove Law may be able to help you by calling (800) 995-1212 or getting a free legal case review.

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Erb’s Palsy Medical Malpractice and Negligence

Medical negligence or malpractice occurs when a doctor or other medical professional’s action, or lack of action, causes harm.

In some cases, a medical error during a difficult delivery can cause damage to a network of nerves in a baby’s shoulders and neck called the brachial plexus. This kind of brachial plexus nerve injury can result in Erb’s palsy, which can limit your child’s ability to use the affected arm.

There are many ways that Erb’s palsy malpractice can happen during delivery, including when a doctor:

  • Uses excessive force when pulling the baby’s head from the mother’s birth canal, which can stretch the nerves in the baby’s neck, leading to severe arm weakness or paralysis
  • Fails to anticipate a complicated delivery or order a cesarean section, which could have prevented the nerve damage from occurring
  • Misuses forceps or vacuum extractors to free the baby from the womb

Who Is Eligible to File an Erb’s Palsy Lawsuit?

You may be eligible to file an Erb’s palsy lawsuit if your child’s condition was the result of an injury before, during, or immediately after delivery.

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.

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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 as needed
  • Negotiate an Erb’s palsy settlement without going to court
  • Present your Erb’s palsy case before a jury if a settlement isn’t reached

Get a free case review or call (800) 995-1212 now to see if we may be able to help with your Erb’s palsy malpractice case.

Erb’s Palsy Lawsuit Settlements

At Sokolove Law, we’ve recovered over $834 Million on behalf of clients whose children have suffered preventable birth injuries like Erb’s palsy.

A few of the Erb’s palsy settlements we’ve secured for past clients include:

  • $975,000 for a 6-year-old boy with Erb’s palsy
  • $2.75 Million awarded to the family of a child impacted by Erb’s palsy
  • $950,000 for a 5-year-old girl who has Erb’s palsy
  • $1.99 Million for the family of a child with Erb’s palsy
  • $940,000 for a woman who lost her child due to Erb’s palsy complications
  • $4.5 Million awarded to the family of a child affected by Erb’s palsy

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, an Erb’s palsy settlement could provide the compensation you need to pay for your child’s medical treatment.

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You may be eligible for compensation. We may be able to help.

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Erb’s Palsy Statute of Limitations

You only have a certain 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.

If you wait too long to take action and miss this deadline, you won’t have the opportunity to take legal action for your child’s injury again. Call (800) 995-1212 now to get started.

Get Help Filing an Erb’s Palsy Lawsuit

At Sokolove Law, our birth injury lawyers have decades of experience helping families whose children were harmed due to medical negligence or malpractice. Over the last 40+ years, we’ve recovered over $834 Million for our birth injury clients.

We have registered nurses on staff who can listen to your story and help you better understand your child’s injury.

Get in touch with us today to find out if you may be eligible to pursue compensation through an Erb’s palsy lawsuit.

Erb’s Palsy Malpractice Lawsuit FAQs

Is Erb’s palsy preventable?

There are many instances when Erb’s palsy could have been prevented. For example, it was apparent before birth that the baby would be larger than normal but the doctor failed to perform a C-section — which would have prevented nerve damage from occurring — that could constitute malpractice.

It’s also common in cases of shoulder dystocia (when the baby’s shoulders become stuck in the birth canal), because delivering doctors may improperly use a pair of forceps or vacuum extractor to pull the child from the birth canal, which can stretch the nerves in the neck, leading to Erb’s palsy.

If medical negligence played a role in your child’s birth injury, you may be eligible to file an Erb’s palsy lawsuit. Learn more about your options today.

Who can file an Erb’s palsy lawsuit?

The parents of a child who suffered Erb’s palsy due to a medical mistake may be eligible to file a lawsuit seeking compensation. 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 can hold the medical staff responsible for your child’s injury accountable and potentially prevent other families from going through the same thing.

You also may be able to recover compensation that can go toward improving 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.

Get a free case evaluation today to learn more about your legal options.

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

You only have a certain amount of time, known as the statute of limitations, to file an Erb’s palsy lawsuit. That’s why it’s important to contact Erb’s palsy attorneys with Sokolove Law as soon as possible if you think your child may have suffered an injury at birth.

The statute of limitations varies from state to state. When that deadline passes, you can no longer take legal action. Contact us today to learn more about your options.

What can Erb’s palsy compensation cover?

Compensation from a successful Erb’s palsy lawsuit can help pay for your child’s medical bills and the costs of treatment, which includes medical care from specialists, medicine, physical therapy, special equipment, and other expenses related to your child’s brachial plexus injury.

What is the average Erb’s palsy lawsuit settlement amount?

Every lawsuit is different, and the potential Erb’s palsy lawsuit settlement amount depends on the specific details of a birth injury case. Contact an experienced Erb’s palsy attorney to learn more.

What factors affect the value of Erb’s palsy court cases?

Factors that may affect the amount of compensation in an Erb’s palsy court case include a child’s medical costs, the severity of their injury, and the amount of evidence that supports the case. Get a free consultation to see if you have a case and can take legal action over your child’s injury.

Sokolove Law Team

Contributing Authors

The Sokolove Law Content Team is made up of writers, editors, and journalists. We work with case managers and attorneys to keep site information up to date and accurate. Our site has a wealth of resources available for victims of wrongdoing and their families.

Last modified: May 17, 2023